After experiencing the wrongful death of a loved one, sorrow and shock may have you and your family in an inconsolable place. The people who rely on you for care or the finances you now have to manage alone may feel like a burden. You deserve justice and the chance to process your grief without worrying about affording the life you’ve become accustomed to.
The personal injury firm of Rand Spear is deeply sorry for your loss and respectfully extends legal assistance if you suspect that negligence claimed the life of your loved one. Our wrongful death attorneys in Marlton, NJ, can simplify the steps you need to take after a sudden death, beginning with a free case evaluation.
The evaluation is a comprehensive session in which we will discuss your wrongful death claim. We will examine the evidence and determine if you have a strong legal case. If you have any questions, they may be addressed below. If not, we hope to personally assist you in finding comfort and receiving financial support for your loss.
My Loved One Passed Away Unexpectedly: Now What?
When someone passes away as a result of the carelessness or wrongdoing of another person or company, a wrongful death action may be brought forward. In New Jersey, the following situations are typical examples of those that could result in a wrongful death claim:
- Dangerous products
- Medical negligence
- Vehicle accidents
- Work-related deaths
- Nursing home abuse or neglectful action
- Construction accidents
- Violent criminal acts
This list is not inclusive of every wrongful death circumstance, and it is strongly recommended that an attorney be notified to assess the situation and provide legal choices. In New Jersey, an executor or administrator of the estate is responsible for bringing the lawsuit against the alleged party on behalf of the surviving family members or heirs.
To initiate the process, you must request and obtain the medical records of the deceased. After a proper review by a negligence lawyer, an investigation may begin to determine if a wrongful death occurred.
Is an Autopsy Required to File a Wrongful Death Claim in New Jersey?
An autopsy is not generally performed or required for a wrongful death suit. Our wrongful death lawyers in Marlton, NJ, can use medical records and expert testimony as alternative forms of evidence to preclude the possibility that negligence played a role in the death of your loved one.
Marlton Wrongful Death Lawyer Near Me (215) 985-2424
Damages Available to Survivors of Wrongful Death Cases in New Jersey
A New Jersey wrongful death case can be worth millions in some cases. Since the surviving family or estate can collect money from the time of the accident or wrongful act up until the date of death, many factors can increase the payout of your settlement. Standard wrongful death compensation packages include:
- Funeral and burial costs
- Medical bills surrounding the death-related injury
- Loss of consortium
- Loss of service
- Loss of guardianship
- Punitive damages
Additional elements that improve your chances of a larger settlement include:
- The age of the decedent
- The decedent’s line of work
- Who the decedent supported
- If the decedent had a live-in family
- If the decedent suffered from the injuries prior to passing
It is largely beneficial to hire an attorney that will hire experts like economists to calculate the loss of companionship, loss of guidance, loss of services, etc., to estimate such additional losses. While forensic toxicologists, accident reconstructionists, and other specialists may be hired to prove that intent or pain and suffering were present in your loved one’s unexpected death.
The Standard Timeline for New Jersey Wrongful Death Cases
In general, the statute of limitations sets a two-year timeline for New Jersey wrongful death cases to be initiated. This means that a lawsuit must be filed within two years from the date of your loved one’s passing. However, there are exceptions, so it is in your best interest to consult with a lawyer immediately, in case the statute of limitations expires sooner.
Missing this deadline may prevent your case from being considered for compensation. Considerations such as loss of companionship, loss of service, and whether the decedent experienced pain and suffering will play a major role in how long it takes to resolve your wrongful death case.
On average, wrongful death cases are often resolved through settlement negotiations rather than going to trial. If your wrongful death case does go to trial, it can take significantly longer, but your Marlton, NJ, wrongful death attorney will be there to expedite the process as much as possible.
Who Is Eligible to Receive a Payout in a New Jersey Wrongful Death Case?
When a person dies unexpectedly, their will determines who gets a payout. If no will is in place, New Jersey’s intestacy laws will award damages in proportion to the person’s loss and status.
If an arrangement or agreement is not made before the passing of a wrongful death victim, the courts will allow the opportunity at a hearing.
Any surviving family members will be able to present their relationship and the impact of the decedent’s death in court. Under no circumstances will the award money ever go to the estate of the decedent; only the surviving members will receive it.
What’s Included in a Wrongful Death Attorney’s Legal Fees?
When you hire a Marlton, NJ, unjust death lawyer, it is usually on a contingency basis. Each personal injury law firm is different regarding its pricing model. Our firm does not require a retainer fee or bill hourly for your case to make our legal services affordable for clients.
Your agreed-upon percentage will simply be taken out of the settlement award that you are granted at the end of your case. The percentage has a direct correlation with the work required to win your case. For example, filing a lawsuit, depositing, bringing in witnesses, and hiring a specialist are all fees incorporated into your attorney’s fee.
Charging based on contingency is a no-risk benefit to those filing any form of a personal injury claim. Clients are not billed frequently, and the lawyer fronts the costs for the aforementioned tasks, assuming all the risks. If we lose your case, you will not be held responsible for providing payment at all.
Free Consultation Available to Examine Your Loved One’s Sudden Death
Loss in any way is hard to process, but an unexpected passing at the hands of a negligent person is indescribable. If you allow the legal team at Rand Spear to examine your sudden death case, you will be met with compassion and perseverance for justice. When you are ready to take the first steps in filing a New Jersey wrongful death claim, contact us for help.
Our wrongful death attorneys in Marlton, NJ, are equipped to help you navigate both grief and this legal process. You may feel that you owe it to your loved one to pursue legal action, or you may need financial recompense to move forward without crippling debt. Whatever your reason for needing legal assistance, we have you covered. Schedule a free case examination today.