Wrongful Death Lawyer Bergen County, NJ

A Bergen County, NJ wrongful death lawyer understands that no matter what you do, nothing can bring back a loved one after their passing. This feels especially true after someone else’s negligence has caused your loved one to die. Losing a loved one under the circumstances of a wrongful death can make the loss feel even heavier and you may be wondering what you can do to pursue justice for your loved one. Though it is not the same as filing criminal charges against someone, pursuing civil action through a wrongful death claim may be the right thing to do in your circumstances. If you are unsure of whether your loved one’s passing qualifies for wrongful death or would like to learn more about the process of filing a case like this, give Kantrowitz, Goldhamer & Graifman, P.C. a call to learn more about the ways in which we can assist you.

Wrongful Death Lawyer Bergen County, NJ with a gavel, scales, and books arranged on a table

What is wrongful death vs. passing in another way?

To be able to bring forward your wrongful death claim, certain factors must be true. A person must have died as a result of someone else acting negligently. So, if your loved one was still alive and they were in an accident that led them to become injured, they would have what they need to pursue a personal injury claim. Instead, your loved one died as a result of these injuries. This allows someone else dependent on the decedent to file a wrongful death claim.

Determining Who Will File

Once you have determined that you have what you need to show evidence for a wrongful death claim, you can then determine who will be filing this claim. States have different laws regarding who has the right to file a claim. In New Jersey, a Bergen County wrongful death lawyer knows that one of the following people can file a wrongful death claim:

  • The decedent’s children (adopted or biological)
  • The decedent’s spouse
  • The decedent’s grandchildren
  • The decedent’s parents
  • The decedent’s nephews or nieces
  • The decedent’s siblings

New Jersey allows many parties to have the opportunity to file a wrongful death claim, though the damages from the claim are usually used for the decedent’s spouse or the children.

When should I file?

As with other rules, New Jersey also has a specific time limit for when you can file your wrongful death claim known as a statute of limitations. You will have two years to file the wrongful death claim from the time of your loved one’s passing. The sooner you file, the better chance you may have at gathering evidence and ensuring you have everything you need. Further, when you file sooner, you and your loved ones can begin to heal and find justice for your loved one.

Where can I turn to?

When you are prepared to move forward with this next step, reach out to the team at Kantrowitz, Goldhamer & Graifman, P.C. We care about helping you to move forward and hold the negligent party accountable for your loved one’s death. Call our office to speak with our Bergen County wrongful death lawyer now.

What We Do

In times of deep sorrow and grief, when a loved one’s life is tragically cut short due to someone else’s negligence, it is important to speak with a Bergen County, NJ wrongful death lawyer. A lawyer from Kantrowitz, Goldhamer & Graifman, P.C. can evaluate your case and help you file a claim against the negligent parties.

A wrongful death lawyer is an experienced legal professional who specializes in handling cases where an individual’s death is caused by the negligent actions or negligence of another person, company, or entity. These lawyers understand what families go through after losing a loved one and work diligently to ease their burden by providing compassionate legal representation.’

Investigations

One of the main roles of a wrongful death lawyer is to investigate the circumstances surrounding the deceased person’s passing. This involves collecting evidence, reviewing medical records, interviewing witnesses, and consulting with experts. A thorough investigation can help establish a clear link between the defendant’s actions and the untimely death, thereby building a strong case.

Negotiations

After the evidence is collected, a skilled wrongful death lawyer will skillfully negotiate with insurance companies, opposing counsel, or other parties involved in the case. Their objective is to secure a fair settlement that adequately compensates the family for the financial, emotional, and psychological losses they have suffered as a result of their loved one’s demise. This may include compensation for medical bills, funeral expenses, loss of income, loss of companionship, and pain and suffering.

Preparing for Trial if Necessary

If a fair settlement can’t be reached through negotiations, a Bergen County wrongful death lawyer will prepare the case for trial. They will represent the family in court, presenting compelling arguments, cross-examining witnesses, and leveraging their legal expertise to advocate for justice on behalf of the deceased and their grieving family.

Support & Guidance

Beyond their legal expertise, a wrongful death lawyer also acts as a source of support and guidance for the family. They understand the immense emotional toll the loss of a loved one takes, and they provide a compassionate ear and empathetic advice throughout the legal process. By offering emotional support and a shoulder to lean on, these lawyers help families navigate the challenging path of seeking justice while coping with their grief.

It is important to understand that the services of a wrongful death lawyer are not solely limited to families who have lost a loved one due to medical malpractice or accidents. They also handle cases involving product liability, premises liability, workplace accidents, and other situations where negligence or intentional harm has resulted in a wrongful death.

A Bergen County wrongful death lawyer plays a crucial role in advocating for justice and compensation for families who have tragically lost a family member because of the negligence or wrongdoing of another party. They conduct thorough investigations, and provide compassionate support. The legal professionals from Kantrowitz, Goldhamer & Graifman, P.C.  guide families through the complex legal process and help them achieve a sense of closure and financial security amidst their grief.

Common Wrongful Death Cases

When facing any kind of wrongful death of a loved one, it’s important to work with an experienced Bergen County, NJ wrongful death lawyer. These cases can be emotionally and legally complex, requiring a thorough understanding of the various circumstances that can lead to wrongful death. That said, you cannot and do not want to go through this process alone. A wrongful death lawyer is meant to relieve you of the taxing burdens that come with filing a case. In the meantime, we have highlighted the five most common types of wrongful death cases.

Car Accidents

Car accidents are one of the leading causes of wrongful death cases. Negligent driving behaviors, such as speeding, distracted driving, drunk driving, or reckless driving, often contribute to fatal accidents. When a loved one dies in a car accident due to another driver’s negligence, the surviving family members may pursue a wrongful death claim against the at-fault party. This type of case requires establishing the other driver’s negligence and demonstrating that it directly led to the fatal accident.

Medical Malpractice

Medical malpractice occurs when a healthcare professional’s negligence or error leads to a patient’s death. Examples of medical malpractice resulting in wrongful death include misdiagnosis or failure to diagnose a life-threatening condition, surgical errors, medication errors, or inadequate treatment. Proving medical malpractice involves establishing the medical professional’s breach of the standard of care and demonstrating that the breach caused the patient’s death. Wrongful death claims in medical malpractice cases require expert medical testimony and a thorough understanding of complex healthcare laws.

Workplace Accidents

Fatal workplace accidents can occur across various industries, including construction, manufacturing, transportation, and more. Dangerous working conditions, inadequate safety measures, equipment failure, or employer negligence can result in fatal accidents. When a worker dies due to a workplace accident, their family may file a wrongful death claim against the employer or other responsible parties. These cases often involve navigating workers’ compensation laws and proving that the employer’s negligence or violation of safety regulations caused the fatal accident. A skillful Bergen County wrongful death lawyer can help you analyze whether your workplace is ultimately a safe environment and if the accident could have been prevented.

Product Liability

Product liability refers to cases where a defective or dangerous product causes a person’s death. Defective vehicles, machinery, pharmaceuticals, or consumer products can lead to fatal accidents or illnesses. Wrongful death claims in product liability cases typically involve establishing the product’s defectiveness or dangerousness, demonstrating that the defect directly caused the person’s death, and identifying liable parties in the product’s design, manufacturing, or distribution chain.

Premises Liability

Premises liability cases involve fatal accidents that occur on someone else’s property due to hazardous conditions or negligent maintenance. Slip and fall accidents, swimming pool accidents, structural collapses, or inadequate security leading to assault or homicide are examples of premises liability cases resulting in wrongful death. Establishing liability in premises liability cases requires demonstrating that the property owner or occupier knew or should have known about the dangerous conditions and failed to take reasonable steps to address them.

Do not hesitate to contact our offices when you’re ready to hire a passionate Bergen County wrongful death lawyer from Kantrowitz, Goldhamer & Graifman, P.C. We handle these cases with delicacy and precision so that you know you are evaluating the best legal options possible.

Wrongful Death Infographic

Common Wrongful Death Cases Infographic

Frequently Asked Questions | Wrongful Death

Our Bergen County, NJ wrongful death lawyer understands that experiencing the death of a loved one due to someone else’s negligence or intentional actions is tragic, overwhelming, and life-changing. During this difficult time, many individuals have crucial questions about the legal avenues available to them. Here are some commonly asked questions about the role of a lawyer in the aftermath of a wrongful death.

What Exactly Is A Wrongful Death Claim?

A wrongful death claim is a legal action that surviving family members or beneficiaries can bring if a loved one’s death was caused by someone else’s negligence, recklessness, or intentional wrongdoing. It’s a way to seek compensation for financial and emotional losses, such as medical expenses, funeral costs, lost wages, and loss of companionship.

How Does A Lawyer Help In The Process Following A Wrongful Death?

Our lawyers offer invaluable assistance by investigating the circumstances surrounding the death, collecting evidence, consulting with experts, and building a strong case. They also handle negotiations with insurance companies and, if necessary, represent the family in court. Their deep understanding of New Jersey wrongful death laws ensures the family’s rights are protected and that they receive the compensation they deserve.

Who Can File A Wrongful Death Lawsuit In New Jersey?

In New Jersey, a wrongful death lawsuit is typically filed by the executor or administrator of the deceased’s estate on behalf of the beneficiaries. This can include immediate family members like spouses, children, and parents. If the deceased did not have a will or named executor, the court could appoint one.

Is There A Time Limit To File A Wrongful Death Claim?

Yes, there is a statute of limitations, which is a deadline by which you must file the claim. In New Jersey, a wrongful death claim generally must be filed within two years of the date of death. However, there are specific circumstances where this period might be extended or shortened. It’s crucial to consult with a Bergen County wrongful death lawyer promptly to ensure you don’t miss this critical deadline.

How Is Compensation Determined In A Wrongful Death Lawsuit?

The compensation in a wrongful death lawsuit is based on the tangible and intangible losses suffered by the survivors and the estate. Tangible losses include medical bills, funeral expenses, and lost wages. Intangible losses could involve emotional distress, pain and suffering, and loss of companionship. Each case is unique, and a lawyer will work diligently to quantify these losses accurately.

Kantrowitz, Goldhamer & Graifman, P.C. recognizes the immense pain and uncertainty families face after a tragic loss. Our compassionate and dedicated team is here to provide guidance, support, and legal expertise during this challenging time. If you believe your loved one’s death was due to someone else’s negligence or intentional act, and you have more questions or need representation, please don’t hesitate to reach out. Let our experienced Bergen County wrongful death lawyer assist you in seeking justice and the compensation you rightfully deserve.

Understanding New Jersey’s Wrongful Death Statute

A Bergen County, NJ wrongful death lawyer knows that losing a loved one due to the negligence or wrongful actions of another party is an emotionally and legally challenging experience. It’s essential to have a clear understanding of the specific laws related to wrongful death lawsuits in New Jersey during such difficult times. The following provides insights into the legal aspects of pursuing a wrongful death claim in New Jersey. For more detailed information, call Kantrowitz, Goldhamer & Graifman, P.C. 

The New Jersey Wrongful Death Act

In New Jersey, wrongful death claims are governed by the Wrongful Death Act (N.J.S.A. 2A:31-1). This statute allows certain family members or representatives to seek compensation for the losses they have suffered as a result of the wrongful death of a loved one. It provides a legal avenue for holding the responsible party accountable.

Eligible Parties To File A Wrongful Death Lawsuit

Under the New Jersey Wrongful Death Act, specific individuals or representatives are eligible to initiate a wrongful death lawsuit. These parties include the deceased’s surviving spouse, children, parents, or other dependents. If the deceased had no spouse, children, or dependents, the estate’s personal representative can pursue the lawsuit.

Types Of Damages In Wrongful Death Lawsuits

Wrongful death lawsuits in New Jersey may seek compensation for various types of damages, including:

  1. Economic Losses: These encompass the financial contributions the deceased would have made to their family had they survived. Economic losses include lost wages, benefits, and potential future earnings.
  2. Non-Economic Losses: These are intangible losses that are more challenging to quantify. They typically include pain and suffering experienced by the surviving family members due to the loss of their loved one.
  3. Loss of Consortium: This refers to the loss of companionship, care, and support suffered by the surviving spouse or family members.

Survival Action

In addition to wrongful death claims, New Jersey law allows for a “survival action.” This legal avenue enables the estate of the deceased person to pursue a lawsuit for the pain, suffering, and other damages the deceased suffered before their death. It is distinct from a wrongful death claim, which focuses on the losses suffered by surviving family members. A Bergen County wrongful death lawyer can help you navigate a survival action claim.

Statute Of Limitations

Being aware of the statute of limitations is crucial for filing a wrongful death lawsuit in New Jersey. Generally, a wrongful death claim must be filed within two years from the date of the individual’s death. Failing to meet this deadline can result in the forfeiture of your right to seek compensation.

Proving Wrongful Death

To succeed in a wrongful death lawsuit, the plaintiff (the party filing the claim) must establish the following elements:

  1. The death of a person.
  2. The wrongful act, neglect, or default of another party caused the death.
  3. The deceased person would have been entitled to pursue a personal injury claim if they had survived.

Seeking Legal Representation

Navigating the complexities of wrongful death laws in New Jersey can be emotionally and legally challenging, especially when you’re coping with the loss of a loved one. To protect your rights and pursue justice on behalf of your deceased family member, it’s crucial to seek legal representation from experienced wrongful death attorneys.

Contact Kantrowitz, Goldhamer & Graifman, P.C. today to discuss your wrongful death case with a dedicated Bergen County wrongful death lawyer and explore your legal options. Our compassionate and experienced attorneys are ready to fight for justice on your behalf and help you seek compensation for your losses. Your peace of mind and the memory of your loved one are our top priorities, and we are dedicated to helping you find closure through the legal process.