New Jersey Wrongful Death Attorney
Attorney Andrew Jacobs helps people who have been injured in all manner of New Jersey personal injury accidents recover compensation for their expenses and legal damages. The practice at the Law Offices of Andrew R. Jacobs encompasses workplace and industrial accidents; car, truck and motorcycle accidents; railroad accidents and more. Sometimes these accidents go beyond catastrophic injury and result in death. In these instances, the Law Offices of Andrew R. Jacobs helps the family of the deceased recover compensation for their funeral expenses and other aspects of their loss by pursuing wrongful death actions under New Jersey law.
New Jersey Wrongful Death Law
New Jersey authorizes an action for wrongful death when a death is caused by a “wrongful act, neglect, or default of another.” Basically, if the person who died would have been able to bring a personal injury lawsuit had he or she only been injured and not killed, then the estate of the deceased is authorized to bring a wrongful death action.
Typically, the person acting as personal representative or executor of the estate brings the wrongful death case on behalf of the estate. Of course, the estate can and should hire an attorney to represent it in the proceedings, and any legal fees or costs can be paid out of the settlement or judgment.
Under the New Jersey wrongful death statute, any recovery is distributed to the family members of the deceased in the following order:
- Children (or grandchildren)
- Siblings, nieces and nephews
- Any other persons who can demonstrate that they were “actually dependant” on the deceased for financial support
The types of legal damages which can be recovered include those expenses or losses which are suffered by the surviving family members. These damages include:
- Hospital and medical expenses
- Funeral and burial expenses
- The loss of financial support the deceased would have provided
- The loss of household services the deceased would have provided
- The loss of companionship
Experienced Legal Representation is Essential in Wrongful Death Claims
Even though a wrongful death action may be authorized by law, it is still necessary for the plaintiff to prove all the facts of the case in order to recover, including the negligence of the defendant and the link between that negligence and the cause of death. Proving these matters can be particularly difficult in certain circumstances, such as when the deceased died before being able to say what happened. Fortunately, attorney Andrew Jacobs is experienced in cases requiring accident reconstruction or other methods to prove the facts of what happened without relying on the testimony of the negligence victim. He knows how to build and deliver a persuasive case that includes compensation for all of the legal damages suffered by surviving family members in the wrongful death of a loved one. For advice and representation in a New Jersey wrongful death matter, contact the Law Offices of Andrew R. Jacobs.