Wrongful Death Attorney

Wrongful death law applies in cases in which the defendant’s actions results in the death of the victim. As a result, it leaves behind the surviving family members who suffers from victim’s absence. Our personal injury lawyers are well versed in New Jersey’s Wrongful Death Act and Survival Statute. This law gives legal protection and rights to family members to file a case against the defendant. Further, the purpose of this law is to compensate the survivors. As a result, they can recover for the loss of financial, emotional, and other support the victim had been contributing. Our personal injury attorney can help you file a case and will provide sound legal counsel. Talk to us now!

Why You Should Hire Us?

Wrongful death often happens due to someones negligence. These are cases in which the defendant was careless, causing an accident or otherwise causing harm to the victim. For example, an auto accident happens due to drunk driver or a  medical malpractice from the carelessness of a doctor. Therefore, a surviving family has right to ask for compensation. The compensation amount depends upon for medical bills, loss of income, and insurance. In addition, it includes other damages that the victim endured between the time of the injury and the time of death.

Our Ocean County personal injury lawyers will fight hard to get you compensation for the wrongful death of a loved one. Contact us today for free advice. Visit our office to discuss your case with our attorneys.

Below, in a nutshell, you will find some of the aspects of a wrongful death lawsuit. It is essential to take advantage of our free consultations at Riviere Advocacy Group LLC to know about your rights.

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If you have suffered financial losses which have resulted due to the unexpected loss of a loved one, call the personal injury attorneys at Riviere Advocacy Group LLC. (732)-646-5529

New Jersey’s Wrongful Death Act was written to provide compensation to survivors for their financial losses which may have resulted due to the unexpected loss of a loved one. Generally speaking, the most significant recovery stems from the lost financial support. Compensation from lost financial support will be calculated based upon the financial contributions the decedent reasonably might have been expected to provide to the surviving family members had he or she lived. The amount of compensation will be adjusted for inflation, as well as discounted to adjust for the present value of future earnings. While loss of support is one aspect of the recovery one can expect in a wrongful death suit in New Jersey, other recoverable damages include:
  • Loss of companionship
  • The value of domestic services such as housekeeping, childcare and other household chores
  • The pecuniary value of parental guidance and care which the decedent would have provided to his/her family, including developmental nurturing, coaching, education and guidance
  • Hospital, medical and funeral expenses that would have otherwise been provided for by the decedent.
Losing a child is painful beyond words. However, the New Jersey courts have recognized that children and parents have a special relationship. Of course, this relationship would reasonably be expected to change with time as the parents and children age. With that being said, a recovery in a wrongful death suit will be calculated by taking into consideration the changing needs between the parent and child as they grow older including companionship, monetary support and guidance. After losing a loved one, you may be thinking of all of the emotional pleasure that was derived from the relationship between the deceased and the survivors; unfortunately, this is not a compensable loss recognized by the Wrongful Death Act. However, emotional distress, distinguishable from emotional pleasure, may be compensable under another claim of action called negligent infliction of emotional distress. A lawsuit based under this legal theory is often referred to as a Jaffe claim due to the seminal case Portee v. Jaffee, 84 N.J. 88, and requires the plaintiff to prove certain elements. These elements include:
  • The death or serious injury of a family member was caused by the defendant’s negligence.
  • A marital or intimate familial relationship between plaintiff and the injured person existed.
  • The plaintiff actually observed the death or injury at the scene of the accident and resulted in severe emotional distress to the plaintiff.
The answer is yes. It can be said that the Wrongful Death Act is one for the protection and compensation of the survivors; meanwhile, the survivor statute affords the deceased the right to compensation. Although the deceased will not be allowed a recovery for those aspects of his/her life which he/she will miss out on in the future, he/she will be able to collect for the pain and suffering, lost wages, and out-of-pocket expenses that took place prior the his or her death. This is called a survivor action and it is structured to compensate for losses suffered by decedent. This claim of action will be instituted by the decedent’s estate. The heirs of the victim will be the resulting beneficiaries of the victim’s estate. A distinguishable difference between a recovery made in a Wrongful Death action and a Survivor action are that the creditors of the deceased can collect against a Survivor recovery but cannot collect against that of the Wrongful Death recovery.
With attorneys based in Monmouth County and throughout the State of New Jersey, our firm is here to help. Your case’s success will be determined by, not only the merits of your case , but also, by your chosen attorney’s experience, understanding and compassion. It will require a firm grasp of New Jersey’s statutes dealing with wrongful death and survivor actions. It can be said that a wrongful death action is akin to a personal injury action; however, the recoverable damages are structured differently. For instance, a personal injury action provides for pain and suffering whereas a wrongful death action allows for recovery of financial losses only.

By selecting an experienced personal injury firm, like Riviere Advocacy Group, as your truck accident lawyers, you can rest assured that we will protect your legal rights.

The insurance companies will have their lawyers looking out for the insurance companies’ best interests; as such, you too should have an attorney looking out and advocating for you!