Jersey City Wrongful Death Lawyer
Losing someone close to you is a terrible tragedy that can affect every aspect of your life. If you believe that someone else could have prevented your loved one’s death but failed to do so, one way you can seek justice and closure is through filing a wrongful death claim in New Jersey. The Jersey City wrongful death lawyers at Brady, Brady & Reilly, LLC have been representing families for almost 50 years. We have what it takes to help you through this difficult time.
Why Choose Us
- We have a reputation for aggressive litigation and achieving results at trial. We have a long history of obtaining positive settlements and jury verdicts.
- You can trust that your Jersey City personal injury attorney will be available to answer your questions, work through the challenges involved in your case and keep you updated about your claim’s progress.
- For wrongful death claims and personal injury matters, we offer free initial consultations and work on a contingency basis. Your family pays nothing unless we recover compensation.
What Is New Jersey’s Definition of Wrongful Death?
You may have grounds to pursue financial compensation with a wrongful death claim in New Jersey if your loved one lost his or her life due to another person’s wrongful act, neglect or default. In the civil justice system, negligence refers to a careless act or failure to act that falls short of the accepted duties of care. In other words, if your loved one would have been able to bring a personal injury cause of action had he or she survived, your family can most likely file a wrongful death claim in New Jersey now.
What Are Common Causes of Wrongful Death in Jersey City?
There are many different types of preventable accidents and circumstances that can inflict critical and fatal injuries on victims in Jersey City. At Brady, Brady & Reilly, LLC, our experienced Jersey City wrongful death lawyers can represent you and your family after any type of preventable fatal accident. We can help if your family member died as a result of negligent or intentional acts, including:
- Motor vehicle and trucking accidents
- Slip and fall accidents
- Dangerous premises
- Defective products
- Medical malpractice
- Construction accidents
- Workplace accidents
- Abuse or neglect
- Acts of violence
Keep in mind that for a wrongful death claim, you do not have to have proof that a defendant intended to harm or kill your loved one. Although intent to kill could give you grounds to file a claim, you may also be eligible for financial recovery without intent to harm. If someone else was careless, negligent, incompetent, wanton or reckless and this caused your loved one’s fatal injury, that party may be financially responsible for the loss of life and your family’s related damages.
Who Can File a Wrongful Death Claim?
In New Jersey, state law restricts who has the legal right to file a wrongful death claim. Unlike other states, surviving family members cannot file wrongful death claims on their own in New Jersey. Instead, the personal representative or executor of the deceased person’s estate must file the legal claim. The personal representative may be someone the decedent named in his or her will prior to death, or it may be someone the courts appoint to act as an administrator during the legal process. The personal representative will file on behalf of surviving family members and eligible beneficiaries.
What Is the Statute of Limitations?
If you believe your family has the right to pursue damages, or financial compensation, through a wrongful death lawsuit in New Jersey, act quickly to contact an attorney. A state law called the statute of limitations places a deadline on the ability to file. With only a few exceptions that may toll (extend) or shorten your deadline, you have two years from the date of your loved one’s death to file a wrongful death cause of action.
If you fail to file within the two-year window, the courts will most likely bar you and your family from financial recovery. There is an important exception, however, for wrongful death claims brought as a result of murder, aggravated murder or manslaughter if the defendant was convicted for the crime in question (or found not guilty by reason of insanity). In these cases, New Jersey has no statute of limitations.
What Damages Are Available?
The major difference between a civil wrongful death case and a criminal homicide or murder case is the financial compensation granted to surviving loved ones. In a wrongful death lawsuit, the at-fault party’s (defendant’s) liability results in damages given to the estate and/or surviving loved ones. A criminal case, on the other hand, will result in a criminal conviction and sentence against the defendant for committing a crime.
If your Jersey City wrongful death lawyer succeeds with your civil case, your family could recover the following damages:
- Reasonable funeral, burial and medical expenses related to the death
- Losses of earnings and financial support
- Loss of the value of the decedent’s household services
- Loss of the decedent’s love, care, support, advice and companionship
State law stipulates that any damages awarded in a wrongful death claim may go to a surviving spouse, surviving child or grandchild, surviving parents, surviving siblings, or surviving nieces or nephews. Generally speaking, the surviving spouse and children will come first. The decedent’s parents and other family members will only recover if there is no surviving spouse or child. In addition, a surviving family member must be able to demonstrate to the courts that they were financially dependent on the decedent to receive financial compensation.
Contact Brady, Brady & Reilly, LLC Today for a Free Case Review
Although nothing can replace the life of your loved one, a Jersey City wrongful death attorney can help your family fight for justice, answers and fair financial compensation for your economic and noneconomic losses. We know you are going through one of the most difficult times of your life, and we hope we can help provide you with greater mental and emotional peace.
At Brady, Brady & Reilly, LLC, we are passionate about defending the rights of grieving family members during wrongful death civil suits in Jersey City and throughout the state. We will act as your confidant and advocate throughout the legal process, giving you the information and advice that you need.
To learn more about how we can help you after the devastating loss of a loved one, contact us or call us at (201) 997-0030. Initial case evaluations are free and nonobligatory. We speak Spanish and Portuguese, and can arrange for translators of other languages as needed.