East Brunswick Wrongful Death Attorney

Far too many people are killed every year in the United States due to the wrongful actions of another person or entity. Many of these incidents involve motor vehicle collisions. According to the Centers for Disease Control, “In 2019, 37,595 motor vehicle traffic deaths occurred, for an age-adjusted death rate of 11.1 per 100,000. Motor vehicle traffic death rates were stable from 1999 to 2006, declined on average by 8% each year from 2006 to 2010, and then increased from 2010 through 2019.” Pedestrians lack the protection of enclosed vehicles and are particularly at risk.

There are a number of different accidents and ailments that could give rise to a wrongful death claim. In fact, roughly 250,000 people die each year in the United States due to medical errors. When a person or entity acts in a negligent manner and causes someone to die in New Jersey, their surviving family members are able to seek some measure of justice through a wrongful death claim. The East Brunswick wrongful death attorneys at Beninato & Matrafajlo are here to help. Our legal team can examine your case free of charge and let you know if you have a claim that can be pursued. You can reach out to our office anytime at 908-355-7100.

What Types of Accidents Lead To Wrongful Death Claims?

Many different actions could give rise to a wrongful death claim. These accidents must involve some amount of negligence. Negligence is the failure to behave with the level of care that a reasonable person would exercise under the same set of circumstances. What follows are just a few different examples of incidents that could lead to a wrongful death.

• Car Accidents: It is estimated that 93% of all motor vehicle collisions involve some form of driver error. This could include instances where drivers are speeding, distracted, or driving while intoxicated.
• Truck Accidents: Commercial trucks can weigh 80,000 lbs and can be lethal even at lower speeds. Their high center of gravity also makes underride collisions more likely.
• Medical Malpractice: Many wrongful deaths take place in a healthcare setting. One of the most common causes of death involves doctors who fail to diagnose or misdiagnose someone’s illness.
• Workplace Accidents: Workers are exposed to a variety of different hazards on the job. The construction industry can be particularly hazardous. A large portion of workplace fatalities involve falls, electrocutions, caught-in/between accidents, and struck by accidents.
• Defective Products: When a product is poorly designed, this could lead to a fatal accident. For example, a number of products with lithium-ion batteries have overheated and caused fires. Dangerous drugs, such as certain opioids, can also lead to death.
• Premises Liability: A dangerous condition on a premises could cause a person to die. Children are particularly at risk around unsupervised bodies of water, such as pools.
• Aviation Accidents: There are many accidents in public aviation. Most plane crashes involve small private aircraft. The two most dangerous periods for any flight are takeoff and landing.
• Maritime Accidents: Many people die in boat collisions every year. But the most common cause of death on the water involves people who fall overboard and drown.
• Toxic Substance Exposure: Exposure to certain substances over time, such as lead, asbestos, and forever chemicals, can lead to cancer and other fatal illnesses.

It is crucial that evidence is properly preserved after any fatal accident. At the end of the day, evidence can help paint a clear picture of what went wrong, regardless of what any person may claim. This may include surveillance footage and medical records related to the incident. Depending on the facts of any case, there could be several liable parties for any wrongful death claim.

Liability For Wrongful Death Claims

N.J. Stat. § 2A:31-1 is New Jersey’s wrongful death law. According to the statute, a wrongful death claim may proceed “when the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued shall be liable in an action for damages.” There are several elements that must be demonstrated in any wrongful death claim.

• Duty of Care: The defendant must have owed a legal duty of care to the plaintiff. This duty arises when the law recognizes a relationship between the defendant and the plaintiff that requires the defendant to take action. For example, all drivers have a duty of care to other drivers to operate their vehicles safely.
• Breach of Duty: The defendant must have breached that duty of care by failing to act as a reasonable person would under similar circumstances. A person may speed while they are driving or fail to maintain their property in a safe condition.
• Causation: There must be a causal link between the breach of duty and the harm suffered by the plaintiff. This involves two types of causation. (1) Actual Cause: The plaintiff must show that the harm would not have occurred “but for” the actions of the defendant. (2) Proximate Cause: The harm must be a foreseeable consequence of the defendant’s actions.
• Damages: The plaintiff must have suffered actual harm as a result of the defendant’s breach. Harm may include physical injury, emotional distress, and financial loss.

In New Jersey, several different parties could bring a wrongful death claim. For example, the personal representative of a person’s estate can bring a claim. This person is typically named in the decedent’s will, though the representative may also be appointed by a court. The decedent’s surviving family is able to file a claim. This includes their spouse, biological and legally adopted children, parents, and other heirs.

Steps To Take After A Wrongful Death

It can be hard to know where to begin after losing a loved one due to the negligence of another party. Surviving family members often contend with unbearable grief. In far too many situations, this sadness is compounded by pressing financial concerns. A person’s surviving family may not be able to afford all of their bills when the victim was the primary breadwinner. Surviving family members should take a number of actions to preserve their rights if their loved one dies due to negligence.

• Collect Medical Documents: Ensure that all necessary medical documents are obtained, including death certificates and medical records detailing the cause of death.
• Independent Autopsy: When a person’s cause of death is uncertain, an independent autopsy can be very helpful. This is particularly useful when a person dies in a healthcare setting or in jail.
• Collect Records: Gather all relevant documents, such as police reports, witness statements, and employment records. These can be used to help identify all liable parties.
• Seek Support and Counseling: The grieving process can be overwhelming. It is important for family members to seek emotional and psychological support. Professional counseling services and support groups can also help people cope with their loss.
• Contact an Attorney: It is important to reach out to a wrongful death attorney as early as possible. An attorney can provide crucial guidance on preserving evidence, filing deadlines, and your legal options.

In addition to a wrongful death claim, the representative of a person’s estate may also be able to seek compensation through a survival action. In a survival action, the representative can seek damages for the decedent’s hospital and medical expenses, loss of earnings, loss of enjoyment, and pain and suffering the victim sustained between the time of the accident and their death.

Why You Should Hire A Wrongful Death Attorney

Property owners and their insurance providers will do everything in their power to deny responsibility if someone dies on their property. They may seek to blame other parties or even the victim for what went wrong. This is one of the key reasons it is so crucial to seek experienced legal counsel as early as possible. There are several advantages to hiring an attorney in the event of a wrongful death.

• Legal Expertise: A wrongful death attorney can provide expert advice on the strength of your case and the best course of action.
• Navigating Complex Laws: A wrongful death claim can involve complex legal principles and statutes. It could also involve multiple liable parties. An attorney can navigate this landscape efficiently.
• Statute of Limitations Compliance: An attorney can ensure that your claim and all subsequent filings are completed in a timely manner.
• Evidence Gathering: Property owners will often resist turning over key pieces of evidence. An attorney can compel adversarial parties to hand over evidence through subpoenas if necessary.
• Maximizing Compensation: With their expertise, an attorney can help negotiate more compensation for you.

Going through the death of a loved one can already be incredibly stressful on its own. In many cases, a family’s finances can become tight. When it comes to pursuing a wrongful death claim, there are no up-front costs that you need to worry about. Your attorney only gets paid by the opposing party if they are able to successfully resolve your case.

Getting Legal Help After A Wrongful Death Claim

The East Brunswick wrongful death attorneys at Beninato & Matrafajlo are committed to helping families get justice after a wrongful death. We understand how difficult a death can be for the financial and emotional well-being of surviving family members. This is why we consistently do everything in our power to ensure that our clients receive the highest verdicts and settlements possible.

If someone that you care about has died due to the wrongful actions of another party, you may have legal recourse. Our legal team can investigate your case free of charge and let you know what your legal options are. Whether you just have legal questions or are thinking about hiring an attorney, we are here to serve your needs. You are always welcome to contact us anytime at 908-355-7100.