The death of a loved one can be emotionally devastating. It can also be financially taxing if you are relying on your family member for monetary support. However, if someone else’s wrongful or negligent actions were responsible for your loved one’s death, you may be able to hold them accountable.
Depending on the circumstances of your case, the liable party may face criminal charges. With help from a highly experienced Voorhees wrongful death lawyer from Rand Spear, you can make them pay. Your Voorhees personal injury lawyer will do everything possible to demand justice for your family when you contact our legal team to request a free consultation.
Wrongful Death Claims Are Similar to Personal Injury Lawsuits
A wrongful death claim is essentially a personal injury lawsuit filed on behalf of someone who has passed away and, therefore, cannot demand the liable party be held accountable. Wrongful deaths can occur through negligence, medical malpractice, or intentional. If someone else is or could be responsible for causing your family member’s death, you may have the right to pursue legal action against them.
The number of wrongful deaths occurring across Voorhees and the state of New Jersey are high. For example, in 2023, there were 585 fatalities caused by car accidents, according to the New Jersey Division of Highway Traffic Safety (HTS). Similarly, there were 69,200 work-related injuries across the state in 2022, according to the U.S. Bureau of Labor Statistics (BLS).
It does not matter whether the defendant’s actions were accidental or intentional. If it had not been for their poor decisions, your family member may still be alive. Demand they compensate your family fairly for your suffering with help from a wrongful death attorney in Voorhees with Rand Spear, The Accident Lawyer.
When to Call a Wrongful Death Lawyer in Voorhees for Help
You may be unsure whether you need a Voorhees wrongful death attorney. While there is no legal requirement, having a seasoned legal advocate handling your case brings undeniable advantages. You may need help from a personal injury attorney if:
- You believe someone else is responsible for causing your loved one’s death
- You were financially dependent on the deceased at the time of their death
- A company’s negligent actions contributed to your loved one’s death
- You are unsure whether you have the right to take legal action
Working with Rand Spear is risk-free. We work for you on contingency per New Jersey Revised Statutes §52:13C-21.5, so you do not have to use your personal funds to pursue your case. You will not need to pay one penny in legal fees unless we win.
Voorhees Wrongful Death Lawyer Near Me (215) 985-2424
The Rules Are Different for Voorhees Wrongful Death Claims
While wrongful death lawsuits in Voorhees are similar to personal injury claims, there are also many differences. It is important to understand the intricacies of wrongful death claims so you can build the strongest case possible. Here are some of the most important rules you should be aware of as we move forward with your lawsuit:
Who Can File
You may not have the right to file a wrongful death claim. In New Jersey, only the decedent’s personal representative has the right to file a wrongful death action according to N.J. Stat. §2A:31-2. If the decedent did not name a personal representative in their will, the Civil Division of the Camden County court system will have the right to appoint someone to act as the decedent’s personal representative. If you are unsure whether you qualify, do not hesitate to contact our office to discuss your legal options.
Claim Filing Deadlines
If you hope to file a wrongful death lawsuit, you must do so before the statute of limitations deadline. The exact amount of time you have to file your wrongful death claim with your Voorhees wrongful death lawyer will vary on a case-by-case basis. However, under N.J. Stat. §2A:31-3, wrongful death lawsuits generally have a statute of limitations that expires two years from the date of the decedent’s passing.
It is important to note that New Jersey does not have a statute of limitations for wrongful death lawsuits if the death was caused by manslaughter, aggravated murder, or murder. However, this is only true if the liable party was adjudicated as a juvenile delinquent, found guilty of the crime in a court of law, or found not guilty by reason of insanity.
The Burden of Proof
If or when the defendant faces criminal charges for your loved one’s death, the burden of proof will be beyond a reasonable doubt. This means prosecutors must prove the defendant’s guilt with little to no doubt that they are responsible for committing the offense. In civil court, the burden of proof is different.
Instead of being required to prove guilt beyond a reasonable doubt, the burden of proof will be based on a preponderance of the evidence per Charge 1.19 from the New Jersey Courts. There can be doubt of the defendant’s liability, but if the evidence suggests they are more likely than not responsible, they should be found liable. For this reason, the evidence we obtain throughout the course of our investigation will be especially important to the outcome of your case.
Who Can Be Awarded Damages
There is no amount of compensation that will change the past. Money will not make up for the trauma of your experience or the loss of your loved one. But a wrongful death attorney in Voorhees can help your family avoid financial ruin as you learn to navigate life again.
The decedent’s personal representative may be responsible for filing the wrongful death claim, they will not necessarily be awarded an average wrongful death settlement amount if your case is successful. Any damages awarded will generally go to the decedent’s surviving spouse and children according to N.J. Stat. §2A:31-4. The decedent’s surviving parents, siblings, and nieces or nephews would have the right to compensation if the decedent did not have surviving children, spouses, or parents.
Get in Touch with a Trial-Proven Wrongful Death Attorney in Voorhees Today
The impact of your family member’s death will be felt across nearly every aspect of your life. You should be able to mourn your loss without having to struggle financially. Do not get stuck covering the costs when someone else’s recklessness is responsible for turning your life upside down.
Demand they be held accountable to the fullest extent of the law when you contact a compassionate and aggressive Voorhees wrongful death lawyer from Rand Spear. Demand Rand. Fill out our online contact form or call our office to schedule your no-cost, risk-free consultation as soon as today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
