Hamilton, NJ Wrongful Death Lawyer
Request a Free ConsultationYour world has shattered. But for the corporation, insurance company, or negligent individual responsible, it is simply business as usual. Their priority is not your family’s grief; it is to manage their financial liability.
They have lawyers, investigators, and a strategy designed to minimize the consequences of their actions. This is the unfair fight you are thrown into while trying to cope with an unimaginable loss.
You need more than sympathy; you need a powerful advocate. A Hamilton, NJ wrongful death lawyer from our firm steps in to confront these challenges on your behalf. We take on the entire legal battle.
We investigate the negligence that caused your loss, build a powerful case for accountability, and fight for the full financial security that was stolen from your family. This work allows you to focus on what truly matters: honoring your loved one and supporting each other through this profound time.
Key takeaways
- A wrongful death claim is a civil action, separate from any criminal charges, that seeks financial compensation for the losses surviving family members have endured.
- In New Jersey, the personal representative of the deceased’s estate is the only party who can file the lawsuit, and they do so on behalf of the surviving heirs.
- The statute of limitations for filing a wrongful death claim in New Jersey is a strict two years from the date of death, making prompt legal action essential to preserve your rights.
Why Choose Grungo Law for Your Hamilton Wrongful Death Case?
Selecting a legal advocate after a tragic loss is a decision that requires trust and confidence. Our firm provides Hamilton families with the sophisticated legal skill and personal attention necessary to handle these sensitive and complex cases. We are here to be your strength in the legal system, backed by the compassionate and determined Grungo Law attorneys who fight for justice on your behalf.
We handle every legal detail with compassion
We know you are going through an unimaginable time. Our team manages every aspect of your case with the sensitivity and respect you deserve. We handle all communications with insurance companies, collect all necessary evidence, and file all legal paperwork, shielding your family from the stresses of the legal process.
We have the resources to investigate and prove negligence
Wrongful death cases demand a thorough investigation to establish fault. We work with a network of respected investigators and industry professionals to uncover the truth.
Whether it involves accident reconstruction for a crash on I-195 or consulting medical professionals for a malpractice claim, we build a powerful, evidence-based case.
Our roots are in the Hamilton Community
As members of the Hamilton community, we are deeply committed to the families we serve. We are familiar with the Mercer County Superior Court system and have built a reputation for diligent and ethical advocacy. Our local presence means we are accessible and responsive to your needs.
We prepare every case for trial
While many cases are resolved through negotiation, we prepare every wrongful death claim as if it will proceed to trial. This meticulous preparation sends a clear message to the opposition that we are ready to fight for a just outcome in the courtroom. This approach places us in a commanding position during settlement discussions.
What You Need to Know About Wrongful Death Claims in New Jersey
A wrongful death claim arises when a person dies as a direct result of the negligent or wrongful act of another party. According to New Jersey law, specifically N.J.S.A. 2A:31-1, this claim allows surviving family members to seek monetary damages for the losses they have suffered due to their loved one’s passing.
This is a civil action, entirely separate from any criminal charges the responsible party might face.
Who is eligible to file a wrongful death lawsuit?
New Jersey law is specific about who can initiate the lawsuit. The claim must be filed by the personal representative of the deceased person’s estate. This individual might have been named in the decedent’s will or may be appointed by the court. They act as a fiduciary, bringing the case on behalf of the eligible surviving family members, known as heirs.
The law identifies the specific heirs who can benefit from a wrongful death claim. It is important to work with a knowledgeable Hamilton, NJ wrongful death lawyer to identify all eligible dependents.
The individuals who may receive compensation are typically:
- The surviving spouse and children of the deceased.
- The surviving parents of the deceased, if there is no spouse or child.
- Other relatives who can demonstrate they were dependent on the deceased for financial support.
Identifying the proper parties and beneficiaries is a critical first step in the legal process. Our firm assists families with these procedural requirements to ensure the case is filed correctly from the start.
The pursuit of justice and financial stability
While the primary goal of a wrongful death claim is to hold the negligent party accountable, it also serves a crucial purpose in providing financial security for the surviving family. The unexpected loss of a family member, particularly a primary earner, can create immediate and long-term financial hardship.
Types of Damages in a Wrongful Death Claim
Compensation, or damages, is intended to cover the specific losses the family has suffered. A Hamilton, NJ wrongful death lawyer will carefully document every loss to build a comprehensive claim, including both economic and non-economic damages—what you need to know to pursue justice and secure your family’s future.
We meticulously calculate the full extent of your family’s losses to present a compelling case for compensation. These damages may include:
- Pecuniary (financial) injuries: This is the core of the wrongful death claim and includes the loss of financial support, services, and contributions the deceased would have provided.
- Loss of companionship and guidance: Compensation for the loss of care, comfort, advice, and companionship the deceased provided to their family.
- Medical expenses: Costs for the medical care your loved one received for their final injury or illness before passing.
- Funeral and burial costs: Reimbursement for the reasonable funeral or cremation expenses.
New Jersey law has specific rules about what damages are recoverable in a wrongful death claim versus a survival action. We explain these distinctions clearly so your family knows what to expect.
What is a survival action?
In addition to the wrongful death claim, the estate may also file a “survival action” under N.J.S.A. 2A:15-3. This claim seeks to recover damages for the pain and suffering the deceased person experienced before their death. It is as if the personal injury claim they would have had, had they lived, “survives” their passing.
Holding negligent parties accountable
Wrongful death can result from many different circumstances. A key part of our job is to identify every party whose negligence contributed to your loved one’s death and hold them accountable.
Fatal car and truck accidents
Tragic accidents on roads like Route 130, I-295, or local streets like Quakerbridge Road are a common cause of wrongful death. We investigate to determine if a driver was distracted, speeding, impaired, or otherwise negligent. In truck accidents, we also investigate the trucking company for potential corporate negligence, helping you know your rights and take action against those responsible.
Medical malpractice
When a trusted medical professional at a facility like Robert Wood Johnson University Hospital Hamilton makes a preventable error, the result can be fatal. This includes surgical errors, misdiagnosis, or medication mistakes. These cases require a deep review of medical records and testimony from other medical professionals.
Premises liability incidents
Property owners have a duty to keep their premises reasonably safe. A fatal slip and fall on an icy sidewalk, a drowning in an unsecured pool, or an assault due to negligent security can all form the basis of a wrongful death claim against the property owner.
Defective products
Manufacturers that release dangerous or defective products into the market can be held liable if those products cause a death. This can include defective auto parts that cause a crash, unsafe machinery at a worksite, or dangerous pharmaceutical drugs.
The Legal Process: What Your Family Can Expect
We guide your family through each step of the legal journey with clarity and open communication. You will always know the status of your case and what comes next, including the damages available to help you recover financially and emotionally after your loss.
Initial investigation
We immediately begin gathering evidence. This includes obtaining police reports, medical records, witness statements, and any other documentation crucial to proving negligence and documenting your losses.
Filing the lawsuit
Once we have built a strong foundation for your claim, we file a formal complaint with the Mercer County Superior Court. This document outlines the allegations against the defendant and the legal basis for your wrongful death claim.
The discovery phase
Discovery is the formal process where both sides exchange information. This may involve written questions (interrogatories), requests for documents, and depositions, where witnesses provide sworn testimony out of court.
Negotiation and mediation
Many wrongful death cases are resolved through a negotiated settlement. We are skilled negotiators who present the strength of your case to the defense and their insurance company. Mediation, a process involving a neutral third party, may also be used to facilitate a resolution.
Trial
If the opposing party refuses to make a fair settlement offer, we are fully prepared to take your case to trial. We present the evidence to a judge and jury, telling your loved one’s story and making a powerful argument for justice on your family’s behalf while applying the laws in New Jersey that protect families in wrongful death cases.
FAQ for Hamilton, NJ Wrongful Death Lawyer
Will our family have to go to court?
Many wrongful death cases are settled out of court through negotiation or mediation. However, if the insurance company or defendant refuses to offer fair compensation, going to court might be necessary. We prepare every case for trial, but our goal is to achieve the best possible outcome for your family, whether in or out of the courtroom.
How much does it cost to hire a wrongful death lawyer?
We handle wrongful death cases on a contingency fee basis. This means you pay no upfront fees for our legal services. We only receive a fee if we successfully recover compensation for your family. Our fee is a percentage of the final settlement or verdict.
What is the difference between wrongful death and a survival action?
A wrongful death claim compensates the surviving family members for their own losses, such as lost financial support and companionship. A survival action compensates the estate for the pain, suffering, and financial losses the deceased person experienced from the moment of injury until their death. We often file both claims together.
What if the person who caused the death is also facing criminal charges?
The criminal case and the civil wrongful death case are two separate legal proceedings. The outcome of the criminal case does not necessarily determine the outcome of your civil claim. We can proceed with the wrongful death lawsuit regardless of whether criminal charges are filed or what the result of that case is.
How is the settlement or verdict money distributed?
If the case is successful, the compensation is distributed to the eligible heirs as determined by New Jersey law. The court must approve the distribution to ensure it is fair to all beneficiaries, especially if minor children are involved.
A Path Toward Healing and Justice
While your family grapples with a future that has been forever changed, you do not have to seek justice alone. A compassionate and resolute Hamilton, NJ wrongful death lawyer can provide the legal strength you need to hold the responsible parties accountable and secure your family’s financial future.
We invite you to contact our Hamilton office for a free and confidential consultation. We are here to listen to your story, answer your questions, and explain how we can help. Let us carry the legal burden so you can focus on healing.
Call Grungo Law at (856) 548-8347 or fill out our online form today.