Wrongful death claims may result after an individual is killed due to the negligence or strict liability of another party. This concept operates similar to typical personal injury claims in New Jersey with some key differences. The primary difference is of course that the victim is not able to seek damages on his or her own behalf. This begs the question: who is eligible to file for wrongful death benefits? While no two cases are exactly alike, the state provides answers to this question and others which determines who may seek damages and what damages may be available after a loved one has passed.
Today, our wrongful death attorneys will review which family members may file wrongful death claims and what damages may be sought after a fatal car accident, construction accident, motorcycle accident, pedestrian accident, or any other type of accident.
Franklin, NJ Wrongful Death Attorneys Help Families Seek Damages
Our Franklin, NJ wrongful death attorneys understand that the family structure of the victim(s) has a material impact on which parties are eligible for financial compensation. It is also important to note that the nature of the relationship of surviving family members to the deceased may alter the amount to which they are owed. In New Jersey, the following individuals may be eligible for compensation through a wrongful death claim:
- Surviving children
- Surviving spouse
- Surviving grandchildren
- Any surviving brothers, sisters, nephews, nieces
- Other individuals who can prove that they were dependent on the decedent. This may include showing financial and/or personal dependence which was ongoing at the time of death
Spouses and children will most often be considered at the top of the list for financial compensation due to the closeness of their relationship. If there are no surviving spouses or children, the courts will determine the next of kin based on the family structure and the nature of the relationships involved.
Recovering Financial Compensation for Wrongful Death in Hunterdon County
As mentioned previously, wrongful death claims are similar in many ways to traditional personal injury claims. Beyond those who are entitled to compensation, the actual damages awarded are often different as well. While personal injury claims serve to protect the victim after an accident, our Hunterdon County wrongful death attorneys fight to provide support to surviving family members after a tragic death. Typical damages awarded in wrongful death cases may include:
- Funeral. burial, and/or other final expenses
- Loss of financial support which may come through the form of compensation for lost wages which the decedent could have reasonably expected to earn during his or her lifetime
- Loss of companionship
- Loss of consortium
- Loss of non-financial services such as childcare, keeping up with daily chores, house maintenance, and more
If your family has suffered the loss of a loved one due to the negligence of another party, you may be eligible for compensation through a wrongful death claim. Our Hunterdon County personal injury attorneys understand that money is only a small part of the puzzle. However, we take pride in handling that aspect of the process so you and your family can focus on the grieving and recovery process.
Questions about Wrongful Death Claims? Contact our Somerville Personal Injury Lawyers Today
Wrongful death attorney Brian J. Levine has decades of focused legal experience serving local Somerset and Hunterdon County clients from across Bridgwater, Somerville, Franklin, New Brunswick, Hillsborough, and all of Central New Jersey. Our firm practices personal injury and medical malpractice law with the goal of protecting the legal rights of clients who have suffered avoidable accidents. In recent years, Attorney Levine has successfully recovered nearly eight (8) millions dollars for his clients through successful verdicts and settlements.
If your family has suffered the loss of a loved one, please contact us online or through our Somerville, NJ office today by calling (908) 524-0123 for a free and confidential consultation regarding the possibility of filing a wrongful death claim.