The loss of a loved one is one of, if not the most, traumatic experiences anyone can go through. Although death is a natural part of life, sometimes it is caused prematurely due to an accident that no one saw coming.
Accidental deaths can be particularly traumatizing, with the unexpected and sudden loss of a loved one sending shockwaves of grief and disbelief through any family.
At Rossetti & DeVoto, they know first-hand just how difficult this time is for their clients. The law firm is dedicated to giving families the justice they deserve, and its personal injury lawyers want grieving families to know that they have options.
This quarter, the New Jersey based personal injury law firm discusses wrongful death cases in New Jersey, and the options injured parties may have to hold those accountable and get justice for those lost.
The Wrongful Death and Survival Act
New Jersey, similar to other states, has what is known as the “Wrongful Death and Survival Act”. According to Rossetti & DeVoto, these acts are intended to protect victims who lose their lives as a result of the careless or negligent acts of others.
The Survival Act provides a legal path for families of the victim to seek out the recovery of damages from the time of the harm up to the point of death. The Wrongful Death Act enables heirs of victims to seek damages resulting from the loss of a loved one.
Types of Damages That May Be Recoverable Under the Survival Act
- Hospital and medical bills up to the time of death
- Pain and suffering
- Time off work and lost wages from the point of injury up to the time of death
- Punitive damages (case by case basis)
Types of Damages That May Be Recoverable Under Wrongful Death Act
- Loss of guidance, care or support
- Funeral expenses
- Lost companionship
- Medical expenses up to the point of death
- Lost inheritance
- Lost wages or financial support of the deceased person
- Lost value of household chores
- And more…
In all cases, any proceeds that may be recoverable are typically distributed to the deceased person’s heirs in accordance with their will.
Not Everyone Can Make a Wrongful Death Claim in NJ
According to Rossetti & DeVoto, there are limitations as to who can file or make a wrongful death claim in New Jersey. With both the Survival Act and the Wrongful Death Act, a claim must be brought about by the Executor of the deceased individual’s estate for cases where a Last Will exists. If the deceased individual did not have a Last Will, a claim may be made by the ‘General Administrator’ of the estate.
Those Who Feel They May Have a Wrongful Death Claim Need to Act Quickly in New Jersey
The last thing a grieving family wants to think about is the stress of a court case. Yet New Jersey law typically requires that a Wrongful Death claim be filed within two years or less of the accident that caused the death of a loved one.
Rossetti & DeVoto want people to know that there are exceptions to this rule and that every situation and case is unique. Those with questions about whether or not too much time has passed, or about their options, are encouraged to reach out to the firm for individualized counsel.
Hiring a Personal Injury Law Firm to Represent a Wrongful Death Case
Renowned personal injury law firm Rossetti & DeVoto knows that when it comes to wrongful death cases, there is no room for error. They are steadfastly dedicated to holding those accountable for the losses their clients have experienced.
Since its inception, the firm has represented clients from all walks of life, standing as a pillar of hope and an aggressive advocate for families who have suffered the emotional and financial costs of losing a loved one.
Known for tenacity, talent and an unwavering resolve for justice, the firm has helped countless clients win over $1 billion in verdicts and settlements to date.
Those who feel they may have a claim are encouraged to reach out for a free initial consultation to discuss their case, to get the help they need, and the justice they deserve.
Company Name: Rossetti & DeVoto, PC
Contact Person: Lou DeVoto
Email: Send Email
Address:20 Brace Rd # 115
City: Cherry Hill
State: New Jersey
Country: United States