Wrongful Death Lawyer in Somerset County, New Jersey

Geoffrey Arlen is a Wrongful Death Lawyer Serving New Jersey

Call us today for your free case analysis

Nothing can prepare you for losing a loved one in a fatal accident due to another person’s negligence. The grief and anger are difficult enough—and unanticipated financial stress can make matters more challenging. A wrongful death lawyer can relieve you of the burden of a legal claim so that you can focus on your grief.

By seeking the counsel of a lawyer, you greatly increase your chance of receiving compensation. Although money cannot repair the harm done to your family, a wrongful death lawsuit could relieve the financial difficulties associated with your loss.

The process of a wrongful death claim can be lengthy and difficult. Arlen Law Firm is here to assist you with this process from start to finish. To speak to a personal injury attorney about your case, call (908) 212-7660.

Wrongful Death: Getting the Facts

What Constitutes a Wrongful Death?

A wrongful death claim can arise from any illegal or negligent act resulting in the death of another person. Careless, reckless, or senseless conduct with deadly consequences can lead to a claim. Wrongful death cases can emerge from a variety of acts, ranging from automobile accidents and medical malpractice to product defect cases and violent crime.

Wrongful death claims are complicated and often come at a difficult time for prospective plaintiffs. If you believe you have a strong wrongful death claim, do not try to manage it on your own. Contact Arlen Law Firm at (908) 212 7660 now for your free consultation.

Other common wrongful death claim types include:

• Construction accidents
• Dog attacks
• Nursing home abuse
• Slip and fall accidents
• Violent assaults
• Workplace injuries

What Is the Difference Between A Malpractice Lawsuit and A Wrongful Death Lawsuit?

In cases of medical malpractice, a wrongful death claim provides the surviving family with an opportunity to find some justice. Wrongful death claims are civil actions that may result in financial compensation from the at-fault party. In medical malpractice lawsuits, doctors, surgeons, nurses, and hospital administrators may be found at fault.

Who Pays for a Wrongful Death Lawsuit?

Wrongful death lawsuits are paid for by many different people or entities. The individual at fault for the death is the most evident possible source of compensation in a wrongful death lawsuit. Though this party is usually the defendant in the case, they aren’t always who pays for the award or settlement. This often happens with car accidents, as drivers typically rely on their liability insurance policies. 

It is routine practice for insurance companies to pay for wrongful death lawsuits. It is quite common in situations where a death resulted from a car accident or happened on another person’s property. In other situations, such as violent acts, insurance policies may not apply. However, compensation is not impossible. 

Depending on the circumstances, other entities, such as the defendant’s employer, may be liable in addition to the at-fault party.

Is Wrongful Death a Crime?

Wrongful death claims are not criminal legal proceedings, rather, they are civil lawsuits. They can arise from the negligence of a person or entity, resulting in death. Crimes like murder might lead to a wrongful death claim, but not all wrongful death cases involve criminal acts. Wrongful death claims are civil lawsuits filed by private lawyers that result in financial compensation against the defendant.

Criminal charges against an at-fault party must be filed by an elected district attorney or prosecutor who decides to proceed with the case. When the state wins a criminal case, it usually results in imprisonment and/or fines. 

Wrongful death claims and criminal legal cases can take place at the same time. The state’s decision about whether to file criminal charges is irrelevant to your right to file a civil lawsuit. Some states do require that a defendant in a civil case wait until criminal legal proceedings are complete.

Filing A Wrongful Death Lawsuit

What Qualifies as a “Wrongful Death”?

Different states vary in their specific definition of the term, but the types of cases that meet the standard of wrongful death lawsuits are consistent across the country. Generally speaking, any death resulting from the negligence of another person or entity qualifies.

There are many types of negligent death. Typically they are accidental death, though not every accidental loss of life results in a strong wrongful death claim. Such an accident must result from careless, heedless, or senseless conduct by another person.

In wrongful death claims, courts use the legal standard of negligence, but intentional acts may also qualify in a suit, whether or not they involved a criminal act.

It is hard to know whether the death of a loved one might qualify for a wrongful death claim. Fortunately, an experienced wrongful death lawyer can counsel you if you have a strong case to seek financial compensation. Contact Arlen Law Firm now at (908) 212-7660 to discuss possible compensation for your wrongful death claim.

How Do You File a Wrongful Death Lawsuit?

In order to pursue a wrongful death case, you and your attorney must work together to establish whether or not you have a right to file a suit. The laws vary from state to state about which family members are allowed to seek a wrongful death action after the premature death of a loved one.

Before you and your attorney can pursue a wrongful death action, you must first determine if you have the right to file suit at all. In New Jersey, a wrongful death claim must be filed by the executor or administrator of the deceased person’s will or estate; if the person who died did not name an executor in their will, the court will appoint a person who can then file the lawsuit (N.J. Stat. § 2A:31-2).

An experienced lawyer can discuss your situation to help you determine if you can file a wrongful death claim in your state. Even if you do not qualify to file a suit, you may still be entitled to compensation, if a claim is successful. Contact Arlen Law Firm today at (908) 212 7660 for a free consultation.

How Hard Is It to Prove Wrongful Death?

While it is no simple task to prove a wrongful death case, strong legal support can help solidify your case. As with other negligence cases, a plaintiff must demonstrate four things to win a wrongful death action:

1. Duty of Care. First, the plaintiff must establish that the defendant owed a duty of care to the person who died. For example, truck drivers have a duty to not only drive safely but also follow FMCSA protocols while operating a motor vehicle.
2. Breach of the Duty. One must go beyond establishing that a duty exists. Additionally, the plaintiff must demonstrate that the defendant violated their duty of care and that their negligent behavior resulted in the death of their loved one.
3. Causation. A defendant is only liable for the damages due to the premature death they caused. This is known as causation. If a plaintiff cannot demonstrate a connection between their damages and the defendant’s violated duty of care, they are not owed compensation.
4. Damages. Finally, the plaintiff must establish that they have endured substantial, calculable damages caused by the wrongful death.

What Is the Statute of Limitations on a Wrongful Death Lawsuit?

In New Jersey, the statute of limitations for a wrongful death claim is two (2) years from the date of the person’s death. The statute of limitations prevents long periods of time between the death of a decedent and the filing of a wrongful death suit, as any delay makes it more challenging to prepare for the case. (N.J. Stat. § 2A:31-3)

Who Gets The Money in a Wrongful Death Lawsuit?

Each jurisdiction has unique statutes for wrongful death suits, and every state handles these cases differently. In New Jersey, the damages from a successful wrongful death lawsuit are awarded to the deceased person’s survivors. The executor of the will or estate must file the wrongful death suit, but the following surviving family members are entitled to receive damages, in the following order:

• The surviving spouse
• Children and grandchildren
• Parents
• Siblings, nieces, or nephews

In all cases, plaintiffs must demonstrate that they were dependent on the person who died in order to receive damages. (N.J. Stat. § 2A:31-4) 

Trying to decide how to manage a wrongful death settlement? Call the wrongful death attorneys at Arlen Law today at (908) 212 7660.

Planning Your Wrongful Death Case

How Long Does a Wrongful Death Lawsuit Take?

Wrongful death claims are all different and have variable durations. Several factors determine how long it takes to settle a wrongful death claim. It is preferable for the parties in the case to reach a settlement instead of filing a lawsuit. If the claim leads to a lawsuit, it can take years before it is settled, and a settlement may never be reached.

The optimal scenario is for a wrongful death claim to be settled quickly over the course of a few months. If the liability is undisputed, the negotiations are typically focused on deciding an equitable amount of compensation to be awarded. In some cases, a settlement may be reached, making a lawsuit unnecessary.

If liability is disputed in a wrongful death case, it often lengthens the process. Whenever a case leads to a lawsuit, it extends the timeline to reach a resolution. A wrongful death case can take years to resolve, as influenced by the court’s caseload and how long discovery takes.

How Do You Win a Wrongful Death Lawsuit?

A wrongful death lawsuit is won in the same way one wins a personal injury claim. It must be proven that the person responsible for the premature death of your loved one acted in negligence.

Four things are required to establish negligence: a duty of care, breach of the duty, causation, and damages. If the plaintiff is unable to establish all four, their claim will not be successful.

Demonstrating a duty of care can be more or less challenging, depending on the circumstances. There may be an obvious duty of care for car accidents; however, it is complicated to establish in a premises liability incident. Once the duty of care is demonstrated, it must be shown that the defendant breached the duty of care to the decedent. Any careless, reckless, senseless, or intentional act that led to the death of your loved one can be such a breach.

The last two parts necessary to establish negligence are causation and damages, which’re closely connected. You must demonstrate a causal relationship between the defendant’s breach of duty and the financial damages incurred by the death of the family member.

Wrongful Death Damages

What Damages Are Awarded in a Wrongful Death Lawsuit?

Generally, there are two types of wrongful death damages. The first kind of compensation is what damages would have been awarded to the deceased person if they had not died. This could include damages for medical expenses stemming from the deceased person’s injury or illness, and for pain and suffering.

The second kind of compensation is what losses the family experiences due to the premature death of a loved one. The claim could offer monetary support for those financially dependent on the deceased person in their time of need. This form of compensation might also account for the surviving relatives’ loss of domestic work or emotional support.

What Is the Average Settlement for Wrongful Death Lawsuits?

While there is no national database for average wrongful death settlements or verdicts, they are likely larger and more common than you think. Wrongful death settlements can range from tens of thousands to millions of dollars. Circumstances that determine the settlement amount in a wrongful death suit include:

• Age of the deceased person
• Future earning potential of the deceased person
• Medical bills 
• Burial and funeral expenses
• Insurance policy limits
• Loss of retirement benefits or pension plans

Your lawyer is the best advisor in assessing your unique situation and determining what kind of compensation you may receive for your claim.

Are Wrongful Death Settlements Taxable?

The financial compensation resulting from a wrongful death settlement is not taxable, according to IRS Rule 1.104-1. The IRS is only allowed to tax income. If the IRS does not categorize certain monies as income, the income tax laws are not applied to those funds. Wrongful death settlements are intended to compensate you for the loss of a loved one, and it is unfair to tax it as income.

There are some exceptions to IRS Rule 1.104-1, as found with personal injury claims. Some wrongful death settlement money is taxable if it is used to pay for interest or medical bills previously reported as a tax deduction. Damages stemming from emotional distress are also taxable if they result from trauma unrelated to bodily injuries.  

How To Hire A New Jersey Wrongful Death Attorney

What Does a Wrongful Death Lawyer Do?

A wrongful death lawyer is able to provide a range of services to their clients. Their work in a wrongful death claim typically begins with a complete investigation. The lawyer will investigate the facts of your family member’s death, and determine if you qualify to file the lawsuit. In addition to advising you of your right to file, the attorney will support you in getting the compensation you deserve, even if someone else files the lawsuit.   

Once the lawyer has completed a thorough investigation of the circumstances surrounding your family member’s death, they will counsel you regarding your chances of receiving compensation. Your wrongful death lawyer will prepare the lawsuit, negotiate with the at-fault party, and file the lawsuit if a settlement is not reached beforehand.

Your lawyer is your advocate as well as your litigator. They will communicate with the at-fault party, their lawyer, and the insurance company on your behalf, so you don’t have to. 

Work with a wrongful death attorney today. Schedule your free case assessment with Arlen Law today at (908) 212 7660.