Bloomfield Wrongful Death Lawyer
Losing a loved one in a preventable accident is a tragedy that can never be made right. Obtaining financial compensation with a wrongful death claim, however, can help you and your family move forward with the justice you deserve.
At Brady, Brady & Reilly, LLC, our Bloomfield wrongful death attorneys have almost 50 years of experience representing families and survivors. We can help you pursue a settlement or jury verdict for the medical bills, funeral and burial costs, pain and suffering, and other losses associated with a wrongful death.
Find out if you have a claim today. We offer free consultations and represent clients on a contingency fee basis, meaning your family will pay nothing until we recover compensation.
How a Bloomfield Wrongful Death Lawyer Can Help
Understanding your family’s legal rights after a preventable death may take help from an attorney. While an insurance company may try to take advantage of you, a Bloomfield personal injury lawyer will have your best interests in mind. Your lawyer doesn’t win unless you do.
Legal representation can not only improve your payout, but give your family more time, energy and peace of mind to focus on what matters most – grieving and healing. Your lawyer will handle complicated legal matters on your behalf, including investigating the fatal accident, collecting evidence and hiring experts, while you focus on the future.
What Is Wrongful Death? Do You Have a Case?
In New Jersey, the legal definition of wrongful death is a death caused by another person’s neglect, default or wrongful act. If a plaintiff (or plaintiff’s attorney) can prove wrongful death, the at-fault party or defendant will be financially responsible for surviving family members’ related losses. A wrongful death claim must be proven based on a preponderance of the evidence. This is clear evidence that convinces the courts that the defendant is more likely than not responsible for the death in question.
It is not necessary to prove that a defendant intentionally tried to take the victim’s life. Instead, it is enough to prove that the defendant did something a reasonable and prudent party would not have in the same or similar circumstances, and that this caused the victim’s fatal injury. In other words, that the defendant was negligent or breached a duty of care. Your family may have grounds to file a wrongful death claim in Bloomfield after a negligence-based accident (e.g., a car crash or fall), medical malpractice, or intentional act of violence.
Who Can File a Wrongful Death Claim in New Jersey?
New Jersey law states that only a representative of the deceased person’s estate has the right to bring a wrongful death cause of action. The deceased individual might have named this person in his or her will. If not, the courts in Essex County will appoint someone to act as the personal representative or executor to file a lawsuit on behalf of eligible beneficiaries.
Deadline for Filing a Wrongful Death Lawsuit
It is important to act quickly if you believe you have grounds to file a wrongful death lawsuit in New Jersey. A state law known as a statute of limitations limits your right to file a lawsuit to two years from the date of your loved one’s death. With only a few exceptions, if the personal representative fails to file a claim within the two-year window, the courts will bar the action, preventing the family or estate from recovering financially.
Note, however, that there is no statute of limitations if your loved one lost his or her life as a result of murder, manslaughter or aggravated murder for which the defendant was convicted or found not guilty by reason of insanity or adjudicated delinquent.
Call Brady, Brady & Reilly, LLC for a Free Case Review in Bloomfield
At Brady, Brady & Reilly, LLC, we can reduce the mental and emotional strain of legal action on your family by representing you during a wrongful death lawsuit in Bloomfield, New Jersey. We understand how devastating it is to lose someone, especially if another person or party could have prevented