Edison Wrongful Death Attorney

What Elements Must You Prove to Succeed in a Wrongful Death Lawsuit in New Jersey?

To successfully pursue a wrongful death claim in New Jersey, you must establish the following elements:

1. Duty of Care – You must prove that the responsible party owed your loved one a duty of care. For example, drivers have a duty to operate their vehicles safely, and doctors have a duty to provide competent medical care.
2. Breach of Duty – You must demonstrate that the responsible party breached their duty of care through negligent or wrongful actions, such as reckless driving, medical malpractice, or a failure to maintain safe premises.
3. Causation – There must be a direct link between the breach of duty and your loved one’s death. This means proving that if not for the negligent actions of the responsible party, the death would not have occurred.
4. Damages – Lastly, you must show that the wrongful death has resulted in quantifiable damages, such as medical expenses, funeral costs, lost income, and loss of companionship.

Who Can File a Wrongful Death Lawsuit in NJ?

In New Jersey, wrongful death claims must be filed by the executor or administrator of the deceased person’s estate. If the deceased person did not name an executor in their will, the court may appoint one.

The damages recovered from a wrongful death lawsuit are distributed to the deceased’s dependents, which typically include:

• Spouse
• Children (biological and adopted)
• Parents
• Other relatives who were financially dependent on the deceased

Unlike some other states, New Jersey law does not allow surviving siblings or distant relatives to recover damages unless they can prove financial dependency on the deceased. Our Edison wrongful death lawyers can help you determine whether you are eligible to file a claim and guide you through the legal process.

Compensation for Wrongful Death

While no amount of compensation can truly make up for the loss of a loved one, financial recovery can help ease the financial burdens that come with such a tragedy. In New Jersey, wrongful death damages are primarily intended to compensate for economic and non-economic losses, including:

• Medical expenses related to the deceased’s final illness or injury
• Funeral and burial expenses
• Loss of financial support, including lost wages and future income the deceased would have provided
• Loss of household services, such as childcare, home maintenance, and other contributions

Let Our Firm Help You & Your Family

At Levinson Axelrod, P.A., we have been fighting for the rights of families in Edison, NJ, and throughout New Jersey for over 80 years. Our firm is dedicated to providing compassionate legal representation while aggressively pursuing your entitled compensation. When you choose us, you benefit from:

• Decades of Legal Experience – Our team has extensive experience handling wrongful death cases and knows how to build a strong case on your behalf.
• Personalized Attention – We understand the emotional toll of losing a loved one, and we treat every case with the care and attention it deserves.
• Proven Results – We have recovered millions for our clients, helping them secure financial stability after a tragic loss.
• No Upfront Fees – We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Call (732) 440-3089 or contact us online to let our team help you and your loved ones during this difficult time.