Compassionate Wrongful Death Legal Guidance
Losing a loved one in an accident is painful and devastating, especially when someone else’s negligence caused it. If you lost a loved one in New Jersey, you could file a wrongful death lawsuit to obtain compensation to help you and your family move forward after your loss.
At Flynn Law, in Mount Laurel, our wrongful death attorneys can help you through every step of the legal process. When you work with us, you will always receive personalized attention from our experienced legal team. We know that you are going through a difficult time, and we are here to help you through it.
Filing A Wrongful Death Claim In New Jersey
If someone is fatally injured or killed because of the wrongful conduct of another person in New Jersey, the decedent’s heirs and other beneficiaries may file a wrongful death action, also known as a wrongful death lawsuit, against those responsible for the death. This area of tort law is governed by New Jersey statutes and wrongful death laws.
A wrongful death claim generally consists of four elements:
- The death that was caused, in whole or part, by the conduct of the defendant.
- The defendant was negligent or strictly liable for the victim’s death.
- There is a surviving spouse, children, beneficiaries or dependents.
- Monetary damages have resulted from the victim’s death.
The time it will take to settle your case will depend on your unique circumstances. Your wrongful death claim can take anywhere from a few months to a few years. When you work with us, we will be by your side every step of the way.
What Evidence Is Needed To Support A Wrongful Death Claim?
Proving a wrongful death claim requires gathering a range of evidence to show how negligence or wrongful actions caused the death of a loved one. Here are some types of evidence that can be key in supporting a wrongful death lawsuit:
- Eyewitness accounts: Statements from people who saw or heard the incident can help clarify the events and provide a clearer picture of what occurred.
- Physical items from the incident: Any physical objects connected to the accident, such as damaged clothing, vehicle parts or tools involved, can serve as concrete evidence of the conditions leading to the loss.
- Photo and video evidence: Photos or videos of the scene, relevant objects or injuries provide visual context, allowing the court to understand details in ways words alone might not convey.
- Documents and records: Written records, like medical files, accident reports, contracts or employment details (for workplace fatalities), may offer essential insights into the events leading up to or following the incident.
- Digital data: Information stored electronically – such as GPS data, text messages, social media posts and surveillance footage – can reveal locations, activities and communications connected to the fatal incident.
- Professional analyses and conclusions: Testimony from individuals with specialized knowledge, such as medical or forensic professionals, can provide deeper insights into technical aspects. For instance, a medical professional may explain the nature of injuries, while an accident analyst might reconstruct how an incident unfolded.
- Financial documentation: Financial records, including pay stubs, benefits statements and tax returns, can establish the financial loss caused by the loved one’s death, supporting claims for compensation related to lost income and benefits.
- Visual aids for courtroom use: Demonstrative materials, like charts, diagrams and animated re-enactments, can help illustrate complex scenarios, making them easier to understand for a judge or jury panel.
Every wrongful death case has unique details, and a strong collection of evidence can make a significant difference. By working with a skilled attorney, families can gather and organize the necessary evidence to present a well-supported case in the pursuit of justice for their loved one.
Compensation To Help You Move Forward
When dealing with the tragic loss of a loved one due to someone else’s negligence, understanding the potential compensation through a wrongful death claim can provide some measure of solace. While no amount of money can replace your loved one, financial compensation can help alleviate the economic burdens associated with their loss.
In wrongful death cases, you can obtain compensation to cover tangible losses such as funeral and burial costs, lost wages and benefits, and medical bills. You can also win compensation for pain and suffering, loss of companionship, love, and moral support.
Each wrongful death case is unique, and the compensation will reflect the specific details of your case. Consulting with a knowledgeable attorney can help you and your family understand your rights and potential resolution in these deeply challenging times.
Beware Of The Statute Of Limitations
The statute of limitations in New Jersey is variable depending upon the nature of the action and the status of the plaintiff and the defendants. For instance, the general statute of limitations for an injury or death in New Jersey is two years from the date of death; yet in the case of a medical malpractice action, the statute of limitations may be as short as one year, and in a case against a government entity, any lawsuit must first be preceded by the filing of a government tort claim, for which there is a 180 day limitations period.
Because the statute of limitations will be different depending upon the case and is often quite complex, we recommend you contact an experienced wrongful death attorney at Flynn Law, today. Our New Jersey wrongful death lawyers and fatal accident attorneys have many years of experience in wrongful death cases and can help determine the appropriate statute of limitations in your case.
Let Us Help Guide You Through The Legal Process
Losing a loved one in an accident does not mean that you have to give up your financial security. You deserve compensation for your loss and suffering. Call us at 888-774-2960 or fill out our online contact form to schedule your free initial consultation. We offer appointments at our Mount Laurel office, or virtually from the convenience of your home.