We understand that when you\’re dealing with the passing of somebody near and dear to you that the very last thing you want to have to consider right now is any form of legal action. Right now the only concern you\’ll have is with mourning the loss of your loved one. Please do bear in mind that in the case of a wrongful death the state of New Jersey has some very specific legislation in place to ensure that families are not left dealing with the financial fallout after such a loss – considering the emotional fallout is already more than most people can bear.
In New Jersey a wrongful death can include car, truck, bicycle and motorcycle accidents, malpractice suits, products with one or more defects, exposure to asbestos or other dangerous and toxic materials and even wrongdoing on the part of officers of the law. This isn\’t a complete list by any means but it gives you some idea of the extent of coverage this particular act provides for.
The fact is that in a case of \”Wrongful Death\” your loved one was taken from you because somebody else was careless, negligent or did this deliberately and the life of a person was cut short as a result. The New Jersey \”Wrongful Death Act\” provides for the survivors and those left behind after such a crime was committed and this is particularly important because when any family loses a primary wage earner the consequences can be absolutely devastating for them.
In terms of dealing with a case of wrongful death it\’s obviously important that you get proper representation as soon as you possibly can, so that you understand exactly what you\’re entitled to claim for and how much a claim may be potentially worth to you and your family.
So for example a wrongful death case can be the basis for claiming hospital, funeral and other expenses and can also take into account how much money the deceased would have contributed to you or your family for their remaining years if they were still alive. As part of your claim you can also seek compensation for loss of companionship and loss of other \”family services\” such as babysitting and help with cleaning your home.
The one thing which most people try to claim for but specifically can\’t is compensation for emotional distress – the problem here being that emotional distress is intangible and is not something you can easily or formally quantify. In essence emotional distress has no \”limits\” and cannot be clearly defined so falls outside the area of compensation.
Some survivors may worry that creditors will seek to benefit from the proceeds of any wrongful death case and claim but the law prevents that. The only reason a creditor may be able to claim some of the amount awarded is if the family or lawyers have used the \”Survival Statute\”, which allows for a family to claim for the pain endured by a victim up to and including at the time of their death. The problem with doing this is that any compensation gained by using the \”Survival Statute\” becomes part of the deceased person\’s estate and as such can be claimed by creditors.
So we would encourage you to mourn the passing of the person you loved but to also take action to at least financially punish the person, business or organization responsible.