Linwood Wrongful Death Lawyers
Losing a loved one without warning is devastating, and when that loss happens because of someone else’s carelessness or misconduct, the heartbreak can feel even harder to bear. Why did it happen? What comes next?
If you are facing this tragedy in Linwood, New Jersey, you have legal options: a wrongful death claim can help you hold the responsible party accountable while pursuing compensation for your family’s losses.
What Counts as Wrongful Death in Linwood, New Jersey?
Wrongful death happens when someone dies as a result of another person’s negligence, recklessness, or intentional harm. In New Jersey, the key principle is straightforward: if the deceased person would have been able to sue for personal injury had they survived, their family can pursue a wrongful death claim instead.
The law treats wrongful death cases seriously because they involve the most profound loss a family can experience, and whether the death came from a split-second mistake or ongoing negligence, the responsible party can be held liable for their actions.
This accountability provides justice for the family, compensates survivors for their losses, and sends a message that such conduct will not be tolerated in our communities.
How Do Wrongful Death Cases Happen?
Wrongful death claims arise from all kinds of tragic situations, although car accidents cause many of these cases, whether from reckless driving, texting behind the wheel, or driving under the influence. When a driver fails to follow traffic laws or pay attention to the road, innocent people pay the price.
Truck accidents and motorcycle accidents also lead to fatal injuries, often because larger vehicles fail to give smaller ones adequate space or attention on busy highways.
Medical mistakes also lead to wrongful death claims: surgical errors, missed diagnoses, or inadequate care from healthcare providers that ultimately lead to a patient’s death. Sometimes a patient goes into a hospital for routine treatment and never comes home because a doctor prescribed the wrong medication, failed to recognize warning signs, or made an error during surgery.
Unsafe work environments contribute to wrongful death cases as well, especially when employers ignore safety rules that are designed to protect workers from harm. Construction sites, factories, and other hazardous workplaces can become deadly when proper precautions are not taken, and workers have a right to safe conditions.
Who Can Actually File a Wrongful Death Claim?
Not just anyone can file a wrongful death lawsuit, since only the personal representative or executor of the deceased person’s estate has the legal authority to file. That person acts on behalf of the people who were closest to the deceased and depended on them financially, which typically means the surviving spouse, children, parents, and other family members who relied on the deceased’s income or support throughout their lives.
This requirement exists to prevent multiple lawsuits over the same death and to make sure that compensation gets distributed fairly among all eligible survivors, and if no personal representative has been appointed yet, the court can assign one specifically to handle the wrongful death claim.
The money from the settlement or judgment goes to these beneficiaries rather than into the estate itself, while the court looks at each surviving family member’s financial dependency on the deceased to determine how the compensation gets divided.
Why Are These Cases So Difficult?
Wrongful death cases involve a lot of moving parts, and you need to prove four essential things: that the defendant had a responsibility to the deceased person, that they failed to meet that responsibility, that this failure directly caused the death, and that your family suffered real financial losses. Building this case takes thorough investigation, collecting evidence, and often bringing in expert witnesses to prove each point beyond what insurance companies will readily admit. Here are some examples:
- In a medical malpractice wrongful death case, you would need medical experts to testify about the standard of care and how the doctor fell short of what other competent physicians would have done under similar circumstances.
- In a car accident case, you might need accident reconstruction specialists to show how the accident happened and who was at fault, while economic experts often testify about the value of lost income and services to help the jury understand the full financial impact of your loss.
- In a truck accident case, you may need to subpoena the trucking company’s records to figure out if the truck had undergone maintenance recently or if the driver had violated federal hours-of-service laws.
The process itself can feel overwhelming because you will need to appoint a personal representative, conduct investigations, file court documents, exchange evidence with the other side, and potentially go to trial if you cannot reach a fair settlement that truly compensates your family. This process can drag on for months.
What Kind of Compensation Can Your Family Recover?
The legal system recognizes that no amount of money can replace someone you love or undo the harm that has been done, yet financial compensation can help your family move forward during this difficult time. It can cover expenses, replace lost income, and provide some measure of justice for a life cut short, which is why understanding your rights is the first step toward healing and rebuilding.
Courts consider factors such as the deceased’s age, education, career path, and earning potential when calculating these damages (for instance, a young professional with decades of working years ahead represents a substantial loss of future income).
You can also recover the monetary value of services the deceased provided, such as childcare, household work, guidance, and emotional support that kept your family functioning day to day.
When Do You Need to File?
Time matters in these cases because you have two years from the date of death to file a wrongful death claim in New Jersey; if you wait too long and miss that deadline, you will likely lose your right to pursue compensation entirely, even if you have a valid claim. Courts rarely make exceptions to this rule, so acting promptly is important, even when you are dealing with overwhelming grief.
Get Help from Linwood Wrongful Death Lawyers at D’Amato Law Firm
If you have lost a loved one as a result of negligence, trust the Linwood wrongful death lawyers at D’Amato Law Firm to help you fight for justice and hold the negligent parties accountable. Our award-winning attorneys have claimed millions of dollars in settlements for victims and families of victims in personal injury and wrongful death cases, and we will treat your case with the professionalism and compassion that you deserve. Call our Egg Harbor Township office location at 609-926-3300 or fill out our online form for a free consultation today.