Jersey City Wrongful Death Attorney
If you have lost a loved one in a preventable accident, you deserve to have an advocate by your side. You have already been through enough. Let the experienced, knowledgeable and compassionate wrongful death lawyers at the Law Offices of Jeffrey S. Hasson, P.C. take care of the claims process for you. We can help you and your family get through this difficult time with personalized legal services and advice. We care about families in Jersey City and will treat your case as if it were our own.
Do I Have a Wrongful Death Claim?
A wrongful death claim is a type of civil lawsuit that is filed by a victim or victim’s family members in pursuit of financial compensation from the person or party at fault for the death. The victim serves as the plaintiff and the at-fault party is the defendant. During a wrongful death case, the plaintiff has the burden of proof, meaning he or she must establish evidence that the defendant is at fault for the death in question.
Unlike a criminal case concerning the death of a victim, a crime does not have to have been committed to hold someone liable for wrongful death. Under New Jersey Statutes Section 2A:31-1, when the death of a person is caused by someone else’s wrongful act, neglect or default, a legal action can be maintained for damages (financial compensation). Negligence is the grounds for most wrongful death claims in Jersey City. It is the failure to act with proper or reasonable care.
Proving negligence in a wrongful death claim requires clear and convincing evidence that the defendant owed the victim a duty of care, breached or violated this duty, and caused the decedent’s fatal injury or illness. An attorney can help you determine if you have grounds for a wrongful death lawsuit after losing your loved one in an accident in Jersey City. If so, your lawyer can handle the claims filing process for you.
How Much Is My Wrongful Death Claim Worth?
While we realize that no amount of money will ever be enough to make up for your loved one’s preventable death, we also know how much a financial award can help grieving family members. If you have a successful case against one or more defendants for causing the fatal injury or illness, you may be awarded a settlement or jury verdict that helps you cover the following costs:
- Reasonable funeral and burial expenses
- The decedent’s medical bills from the date of the accident until the date of death
- Lost wages and future earnings
- Lost inheritance
- Property damage repairs
- The value of lost household services
- Lost companionship, care, love and guidance
- The decedent’s pain and suffering
- Attorney’s fees and court costs
The value of your wrongful death claim is something that you must discuss with an attorney, as no two cases are exactly alike. There is no such thing as an average settlement amount, as every wrongful death claim is calculated based on specific factors such as the age of the victim and his or her income at the time of death. Before rushing into a fast settlement with an insurance company, get an accurate case evaluation from an attorney.
Who May File a Wrongful Death Claim in New Jersey?
New Jersey has specific laws limiting who can file a wrongful death claim. Although many states allow surviving family members, such as a surviving spouse, to file this type of lawsuit, New Jersey law states that only the personal representative of the deceased individual’s estate may file this type of claim. The personal representative is also referred to as the executor or administrator of the estate. If your loved one passed away without naming a personal representative in a will, the courts in Jersey City will appoint one.
What Is My Time Limit for Filing a Wrongful Death Claim in Jersey City?
State law also limits the amount of time the personal representative has to file a wrongful death lawsuit. The statute of limitations, or deadline for filing, is two years from the date of the decedent’s death in New Jersey. In general, if the claim is not filed within two years, the courts will refuse to hear the case.
Note, however, that there is no statute of limitations on a wrongful death claim if the decedent’s death resulted from murder, aggravated murder or manslaughter for which the defendant was convicted, found not guilty by reason of insanity or adjudicated delinquent. Speak to one of our attorneys to find out if you are within your deadline.
Do I Need to Hire a Jersey City Wrongful Death Attorney?
Going up against an insurance company during a wrongful death claim is not easy. Even when someone loses his or her life, an insurance company’s main concern is its bottom line. This can make it difficult to secure the compensation that you deserve from the person or party at fault for the death. An attorney knows how insurance companies work and can take over settlement negotiations on your family’s behalf.
From the very beginning of your wrongful death case, your lawyer can investigate the fatal accident that took your loved one’s life, preserve and collect any available evidence, take over legal paperwork and the claims filing process, and help you navigate New Jersey’s wrongful death laws. You can focus on what matters most – mourning your loved one and spending time with your family – while your lawyer fights for the best possible case results.
How Much Does a Wrongful Death Lawyer Cost?
At the Law Offices of Jeffrey S. Hasson, P.C., we do not charge a cent in attorney’s fees unless our client secures financial compensation for his or her wrongful death claim. We charge $0 upfront and do not charge a retainer to take a new case. We only charge if and when we secure a settlement or judgment award for the client. If we do win your family’s wrongful death case, we will charge our fee as a percentage and deduct it directly from the amount won.
Contact Our Jersey City Wrongful Death Attorneys Today for More Information
You deserve answers, justice and closure as someone who has recently lost a loved one in a preventable accident in Jersey City. Filing a wrongful death lawsuit could be the right option for your family if someone else’s wrongful, negligent or malicious acts took your loved one’s life. To learn more about this type of claim, contact the Law Offices of Jeffrey S. Hasson, P.C. to request a free case evaluation. We are also available by phone at (201) 834-7043.