Atlantic City Wrongful Death Lawyers

Losing a loved one is an emotionally devastating experience, particularly when their death results from negligence or misconduct. Yet, the legal process following a wrongful death can be overwhelming for grieving families. From investigating the circumstances surrounding the death to filing appropriate claims within specific timeframes, there are numerous legal steps that must be handled with precision and care. 

Our Atlantic City wrongful death lawyers at D’Amato Law Firm understand the profound impact that an unexpected loss has on families, not only emotionally but also financially, especially when the deceased was a primary income provider. Our legal team provides the necessary guidance and representation during these challenging times, allowing families to focus on healing while their legal matters are addressed professionally and thoroughly.

What Is Considered a Wrongful Death in New Jersey?

Under New Jersey law, wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. This legal definition encompasses various scenarios, including fatal car accidents, medical malpractice incidents, workplace accidents, dangerous property conditions, and defective products. The key factor in determining whether a death qualifies as “wrongful” is establishing that it would not have occurred if not for the negligent or wrongful conduct of another person or entity.

For a wrongful death claim to be valid in New Jersey, the plaintiff must demonstrate that:

• The defendant owed a duty of care to the deceased.
• The defendant breached that duty through negligent or wrongful actions.
• The breach directly caused the death. 
• The death must have resulted in quantifiable damages for the surviving family members. 

Our Atlantic City wrongful death lawyers work diligently to establish these elements when representing families in these cases.

Who Can File a Wrongful Death Lawsuit in Atlantic City?

New Jersey law specifies that the executor or administrator of the deceased person’s estate must file wrongful death claims. However, this legal action is pursued on behalf of the surviving family members who depended on the deceased for support. These beneficiaries typically include the spouse, children, and parents of the deceased, although other relatives may qualify if they can demonstrate financial dependence.

The law prioritizes certain family members over others when distributing any awarded damages. Spouses and children generally receive primary consideration, followed by parents and then more distant relatives.  

What Damages Are Available in Wrongful Death Cases?

New Jersey law allows families to recover several types of damages through wrongful death litigation: 

• Economic damages include the financial contributions the deceased would have made to their dependents, such as lost income, benefits, and services. 
• Medical expenses related to the final injury or illness and reasonable funeral and burial costs are also recoverable. 

Unlike some states, New Jersey does not permit recovery for emotional distress, grief, or loss of companionship through the wrongful death statute itself. However, families may recover additional damages through a ‘survival action’, which is often filed alongside a wrongful death claim. 

A survival action seeks compensation for the pain and suffering the deceased experienced between the time of injury and death. It also addresses any financial losses the deceased incurred before their passing. D’Amato Law Firm has extensive knowledge in handling both wrongful death claims and survival actions for families throughout Atlantic City.

How Long Do I Have to File a Wrongful Death Lawsuit?

In New Jersey, wrongful death claims are subject to a two-year statute of limitations, meaning the lawsuit must be filed within two years of the date of death. Missing this deadline typically results in the court refusing to hear the case, permanently barring the family from seeking compensation through legal channels. However, there are limited exceptions to this rule, such as cases involving minors or instances where the cause of death was not immediately discoverable.

Given these strict timeframes, it is advisable to consult with our Atlantic City wrongful death lawyers as soon as possible after losing a loved one due to suspected negligence. That allows time for proper investigation while the evidence is fresh and witnesses’ memories are clear. It also provides ample opportunity to prepare a comprehensive, compelling case on the grieving family’s behalf.

What Is the Difference Between Criminal and Civil Cases for Wrongful Death?

When a death results from another party’s actions, there may be both criminal and civil proceedings. 

‘Criminal’ cases are brought by government prosecutors and focus on punishing the offender through imprisonment, fines, or probation. The burden of proof is “beyond a reasonable doubt,” which is the highest legal standard. Criminal cases address the offense against society rather than the specific harm to the family.

‘Civil’ wrongful death cases, by contrast, are initiated by the deceased’s estate to obtain financial compensation for the surviving family members. The burden of proof is lower—”preponderance of evidence,” meaning the plaintiff must show it is more likely than not that the defendant’s negligence caused the death. 

D’Amato Law Firm handles the civil aspect of wrongful death cases, though they often work alongside criminal proceedings when applicable.

How Do Lawyers Calculate the Value of a Wrongful Death Case?

Determining the value of a wrongful death case involves careful analysis of numerous factors. 

Economic damages are calculated based on the deceased’s age, health, earning capacity, education, and career trajectory. Financial analysts and economists often assist in projecting the lifetime earnings and contributions the deceased would have made to their family. Medical bills, funeral expenses, and other direct costs are added to this figure.

For survival actions, lawyers evaluate the severity and duration of pain and suffering experienced by the deceased before death. They investigate the consciousness level, medical documentation of pain, and the timespan between injury and death, all of which influence this calculation. Though no amount of money can truly compensate for the loss of a loved one, these calculations aim to provide fair and just compensation to the affected family members.

Atlantic City Wrongful Death Lawyers at D’Amato Law Firm Are Here When You Need Them

If you have lost a loved one due to the negligence or wrongful actions of another party, the Atlantic City wrongful death lawyers at D’Amato Law Firm can provide thoughtful, comprehensive representation during this difficult time. For a free consultation, call our Egg Harbor Township, New Jersey office at 609-926-3300 or submit our online form. We proudly serve clients in Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, Woodbury, and South Jersey.