Wrongful death claims involve some of the saddest stories imaginable. At Rosenblum Law we are uniquely sensitive to these types of cases and what you must be going through.
If someone near and dear to you recently was killed in an accident, it might be time to explore the possibility of suing the wrongdoer for wrongful death.
What is a Wrongful Death Suit?
Wrongful death is a cause of action brought on the behalf of an individual who is no longer with us.
A spouse, child, or close relative of the person killed in a personal injury accident will bring suit against the wrongdoer on behalf of the Estate.
These cases usually arise when the wrongdoer acted negligently, carelessly, recklessly and sometimes even intentionally.
The Purpose of a Wrongful Death Suit
One might think that a person who was killed could never be compensated for his loss since he is no longer alive. However, the focus of a wrongful death suit is not on the deceased individual.
Instead, New Jersey law provides a remedy for the spouse, children, and close relatives of the decedent.
Ultimately, wrongful death actions are intended to compensate those individuals for their losses, not the losses incurred by the deceased.
What Damages Can I Collect For Wrongful Death?
Remember, wrongful death suits provide relief to family members who have been injured emotionally and financially as a result of their family member’s death.
Accordingly, a significant component of this recovery is for the loss of financial support provided by the decedent.
This is based on the amount of money that the decedent might reasonably have been expected to provide to you and your family.
For example, if your loved one was the breadwinner of the family, New Jersey law will allow you to sue the wrongdoer and recover damages that reflect the amount of money you expected him to bring in were he not killed.
Additionally, you will be able to recover for loss of companionship. This is the monetary value of parental guidance and care that the decedent provided to you or your children.
It also includes the value of household services that were provided, like cleaning, babysitting, and household duties.
Lastly, you may be able to recover medical and funeral expenses.
It is crucial to understand that any money that you recover in a wrongful death action is not subject to attachment by the creditors of the decedent (i.e. they cannot touch it; it is yours).
Are There Damages I Cannot Collect?
Yes. There are several kinds of damages that a wrongful death action does not include.
The following is a short list of damages that you CANNOT obtain from a wrongful death action:
- Punitive damages (damages given to punish the wrongdoer)
- Loss of emotional support
- Emotional distress caused by the death of the victim
However, these types of damages may be available if you also choose to sue for negligent infliction of emotional distress, general negligence, or negligence due to a defective product.
Who Should You Contact?
Contact Adam H. Rosenblum of Rosenblum Law today. He is a licensed attorney in New Jersey and New York and has experience fighting for the rights of people just like you. E-mail or call him at 973-594-6552.