Loss is an incomprehensible feeling that no amount of money can heal, but with the help of a compassionate legal team, your wrongful death case will not be faced alone. Whether it was due to medical negligence, a fatal personal injury, or a car accident, the law office of Rand Spear is here to guide you with compassionate legal support.
We have a team of wrongful death lawyers in Cherry Hill, New Jersey, that can examine your claim and assess how your loss has impacted your life. If you are eligible to pursue a lawsuit, we will begin building your case during your free consultation.
The Fundamentals of a New Jersey Wrongful Death Lawsuit
According to New Jersey Statute 2A:31-1, the state considers a death “wrongful” if it was “caused by wrongful conduct, negligence, or default” (2021). The victim’s death must have been caused by circumstances that would have allowed them to file a personal injury lawsuit if they had still been alive. Common examples include car accidents, medical malpractice, and crimes.
If the injured party is no longer alive to bring a claim on their own behalf and instead their estate is pursuing legal resolution on their behalf, a Cherry Hill, NJ, wrongful death attorney can simplify this process.
Deadline for Filing a Wrongful Death Claim
In New Jersey, wrongful death lawsuits must be filed within two years of the decedent’s death. Similar to all litigation, failure to file your claim by the due date may result in the entire dismissal of your claim. You may forfeit your right to demand monetary restitution from the other party if the two-year term is missed.
Exceptions and Exclusions to New Jersey’s Statute of Limitations
Special allowances and exemptions regarding the statute of limitations are decided on a case-by-case basis. It varies depending on the state and the details of the wrongful death claim at hand. It is always best to seek the advice of a New Jersey wrongful death attorney to confirm if exceptions such as these apply to your case:
- Date of discovery
- Tolling the statute of limitations
- Government immunity
- Exceptions for minors
- Exemptions for incapacitated people
Help You File a Successful Wrongful Death Claim
The process of filing a wrongful death lawsuit can be lengthy and highly regulated. We strongly recommend getting legal assistance to help you avoid having to go over the specifics of your loved one’s loss again. In an in-depth consultation session, our wrongful death lawyers in Cherry Hill, NJ will assist with:
- Assessing the facts surrounding the decedent’s death to verify if there is a legal ground for a lawsuit. This includes gathering more evidence, speaking with witnesses, or consulting with hired experts to confirm your assertions.
- Filing the documents on behalf of your family or the decedent’s estate
- Calculating your losses accordingly with the help of financial experts if needed
- Speak with the defendant or their insurer to negotiate an appropriate settlement
- Prepare and represent you in court if a reasonable settlement can not be reached
Our biggest role is to remain an advocate for the pain that your loved one endured and the loss that your family is experiencing. We are committed to getting justice for you both and will persistently fight for an amount that helps your family or the estate release any financial burden that this sudden death has caused.
Estimating the Value of a New Jersey Wrongful Death Lawsuit
The defendant or offending party will be responsible for providing financial restitution to the estate and surviving family members of the decedent. The following losses are included in calculating the sum of a wrongful death settlement:
- Medical bills
- Funeral expenses
- Burial costs
- Loss of consortium
- Loss of companionship
- Loss of financial assistance
- Loss of services
- And more
Helpful Evidence for Wrongful Death Claims
We’ve discussed that our legal team can spearhead the collection of evidence for your case, but if you are bringing a wrongful death suit forward, you may already possess the helpful evidence needed to prove fault. The following evidence positions your wrongful death case to win against the responsible party:
Any medical records that provide details about your loved one’s cause of death or the medical treatment received as a result of their injuries can be used to strengthen your claim
Testimonies that confirm the accident or negligent act are deemed valuable in proving that the defendant is responsible for the decedent’s death.
Police reports, video footage, or other forms of evidence all give insight into the circumstances surrounding the tragic event. It eliminates the ability of the guilty party to evade responsibility.
When an accident reconstructionist or family member of the deceased testifies, it allows the court to experience first-hand impact and hear important information that supports your case.
If the defendant has a prior conviction, lawsuit, or complaint against them that is similar to the facts of your case, this will be taken into account. Research into a doctor’s history or a driver’s driving record can be used as evidence to determine liability.
A Cherry Hill, New Jersey, sudden death lawyer may be required to conduct some research on your estate’s behalf. Medical records are simple to get, but it may be difficult for you to do it on your own for surveillance footage, driving records, and higher-level reports. We will collaborate with you to develop a strong plan for your wrongful death lawsuit.
Get Free Legal Advice from a Dedicated Wrongful Death Lawyer in Cherry Hill, NJ
The Rand and Spear Law Firm is an ally to those seeking justice through financial restitution. We understand the pain that your family is going through and aim to be a beacon of hope during your grieving process. While the amount won in a wrongful death case could never replace your loved one’s presence, it can provide security and resources to help you cope.
Contact us today to speak with one of our Cherry Hill, NJ, wrongful death attorneys. During a free consultation, you will receive practical information about your legal alternatives and sympathetic legal support so that you can make decisions.