Nothing feels quite as devastating as losing a loved one due to a preventable accident. This experience is an unimaginable tragedy that can leave your family devastated and seeking answers.
If your cherished loved one has died due to the wrongful or negligent actions of another individual, we encourage you to contact us at Cuneo and Leonetti to receive your free consultation and case review with one of our specialized Cherry Hill personal injury lawyers.
Get in touch by calling (856) 869-9066 or booking your free, no-obligation case review and consultation online today.
Meet David K. Cuneo
As a devoted Cherry Hill wrongful death lawyer, David is dedicated to achieving positive outcomes for clients by ensuring they receive just compensation for lost wages, medical expenses, and other related costs.
Scott is a longstanding member of the Camden County Bar Association and a member of the American Trial Lawyers Association of New Jersey. David has been honored by his peers and selected for the Super Lawyers list from 2017-2024.
David K. Cuneo earned his bachelor’s degree in political science from St. Joseph’s University and subsequently obtained his law degree from Rutgers, The State University of New Jersey School of Law.
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“We all would definitely recommend Cuneo & Leonetti for any type of law concern you may have.” – Rudy Clark
Why Choose Cuneo & Leonetti?
- Our team of legal professionals brings in-depth knowledge in handling wrongful death cases, having effectively obtained millions of dollars in compensation for our clients.
- We are knowledgeable about the tactics employed by insurance companies to devalue claims and proficient in developing effective counterstrategies.
- Working on a contingency fee structure, our fees are only collected when we successfully secure a positive outcome for our clients.
Wrongful Death Resources:
- The Team At Cuneo & Leonetti Are Here In Your Time Of Need
- What Is A Wrongful Death? What Factors Contribute To Wrongful Death?
- Statute Of Limitations For New Jersey Wrongful Death Cases
- Who Can File A Wrongful Death Case In Cherry Hill, New Jersey?
- What Can My Loved One’s Wrongful Death Case Pay For In Cherry Hill?
- How Much is a New Jersey Wrongful Death Claim Worth?
- How Is Negligence Defined in a Wrongful Death Claim?
- What’s the Difference Between a Wrongful Death and Survival Action Claim?
- Steps to Take After a Loved One’s Wrongful Death
- Areas We Serve
The Team At Cuneo & Leonetti Are Here In Your Time Of Need
As you navigate the challenging path of seeking justice and closure in the wake of your loss, Cuneo & Leonetti stands ready to guide you with compassion, expertise, and unwavering commitment. Our experienced team understands the profound impact that wrongful death can have on families, and we are dedicated to providing the legal support you need during this difficult time.
By choosing Cuneo & Leonetti, you are choosing advocates who will tirelessly pursue justice for your loved one and your family. We are here to shoulder your legal burden so you can focus on healing and preserving your loved one’s legacy.
If you have any questions or want to discuss your case with a wrongful death attorney, please do not hesitate to contact us for your free, no-obligation wrongful death case review.
Contact us at (856) 869-9066 to book your free, no-obligation case review or schedule your appointment online today.
We are here to help you through this difficult time. Let us walk beside you on the journey to achieving the resolution your family deserves.
What Is A Wrongful Death? What Factors Contribute To Wrongful Death?
The difference between a typical death and a wrongful death is the manner in which the person dies. If your loved one died as the result of the negligent actions or inaction of a third party, then you may likely have a wrongful death case.
Under New Jersey Revised Statute § 2A:31-1 (2022), if a person would have been eligible to bring legal action “for damages resulting from [an] injury,” the person responsible will be held liable for paying damages to the family. And, even if the death does not occur immediately after the incident, that doesn’t make the defendant any less liable for wrongdoing.
Examples of the types of situations that could result in a wrongful death case:
- Motor Vehicle Accidents
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Drunk Driver-Related Collisions
- Medical Malpractice
- Birth Injuries
- Surgical Errors
- Medication Errors
- Workplace Injury
- Premises Liability Incidents Such as:
- Slip and Falls
- Dog Bites
Additionally, homicide and other crimes that result in the victim’s death can result in both a criminal and civil case.
Statute Of Limitations For New Jersey Wrongful Death Cases
New Jersey’s statute of limitations for wrongful death cases is two years from when the deceased passed, as dictated by NJ Rev Stat § 2A:31-3 (2022). This is the same as the general statute of limitations for personal injury cases.
As there is a finite time limit to bring your case, it’s always advised to start work on legal action as soon as you think you may have a case. Not only does this give validity to the fact you have a case against the negligent third party, but it also will help you get the financial support you need sooner rather than later for the surviving beneficiaries.
Exceptions To The New Jersey Wrongful Death Statute Of Limitations
In New Jersey, there is an exception for statutes of limitations that relate to murder or manslaughter crimes. If the defendant was not a juvenile or found to be guilty “by reason of insanity,” then there is no time limit on the statute of limitations for these cases under NJ Rev Stat § 2A:31-3 (2022).
Who Can File A Wrongful Death Case In Cherry Hill, New Jersey?
Every state has different limits on who can file a wrongful death case, and New Jersey is no different. Under New Jersey law, only the appointed personal representative or executor of the deceased’s estate can bring a wrongful death lawsuit. The court will appoint a representative if the deceased did not appoint an executor before they died.
Additionally, while the estate executor will represent the deceased for court proceedings, the surviving family members, such as the spouse, children, and grandchildren, are all eligible to receive damages, as found under NJ Rev Stat § 2A:31-4 (2022).
If there are no surviving direct descendants, surviving parents may be eligible to inherit. If there are no surviving parents, extended family members such as siblings, nieces, and nephews could receive damages in a case.
What Can My Loved One’s Wrongful Death Case Pay For In Cherry Hill?
Like in other personal injury cases, a wrongful death case can pay for any of the following:
- Funeral or Burial Expenses
- Incurred Medical Debts or Bills
- Lost Wages, Income, Employment Benefits
- Loss of Unpaid Labor at Home (i.e., childcare, maintenance, and household chores)
- Loss of Companionship and Consortium
- Pain and Suffering of the Deceased Before Death
The survivors of the deceased are typically not eligible to collect any damages regarding emotional distress except in unusual circumstances. It’s always recommended that the more complex your case is, the more you should consult a trusted Cherry Hill wrongful death attorney. In the event of a car accident’s involvement in your wrongful death case, a Cherry Hill lawyer is qualified to discuss your right to potential compensation.
How Much is a New Jersey Wrongful Death Claim Worth?
Though all losses of loved ones are painful to the survivors, the amount of a payout on a wrongful death claim in New Jersey depends on the value of the financial loss to the family. For example, the loss of a family provider causes more financial damage to the surviving family members than the loss of a non-working family member.
Settlements and jury verdicts for wrongful death payouts vary widely depending on the following:
- The average yearly income of the deceased before their death
- The number of working years they had left
- The amount of benefits they provided to the family, like health insurance and retirement benefits
- The intangible losses the family can claim, such as loss of parental support, loss of consortium (a full emotional and physical loving relationship), loss of companionship, and loss of a child’s love and affection
Settlement amounts range from hundreds of thousands of dollars to millions of dollars depending on the above factors.
Unlike many other states, New Jersey doesn’t allow family members to make a claim for compensation for emotional damages like grief and anguish.
Your wrongful death attorney in New Jersey can help you to know what compensation amount you might expect in your unique wrongful death case.
How Is Negligence Defined in a Wrongful Death Claim?
Wrongful death is a form of personal injury claim. As in personal injury cases when the injury victim survives, a wrongful death claim for a deceased injury victim requires proving negligence on the part of the individual or business at fault. The following legal points of liability apply to New Jersey wrongful death claims:
- The at-fault party owed a duty of care to take reasonable measures to prevent causing injury to others
- They breached this duty by acting with negligence, recklessness, or intentional wrongdoing
- Their breach of duty directly caused the death
- The deceased person’s family members suffered significant damages from the death
Failing to take reasonable care to prevent harm or death to another is negligence in the eyes of the law. For example, if a store owner knows they have heavy items on a damaged shelf and fails to repair or replace the shelf in a timely manner, and the shelf falls on a customer and causes death from a traumatic brain injury, the store owner is liable for damages to the family members. Another example would be a negligent dog owner who fails to properly fence in a dog with a history of biting. If the dog attacks and kills a person, their family members have a strong case for negligence and liability against the dog’s owner.
Payment for wrongful death claims typically comes from the appropriate insurance policy. For example, a drunk driver’s auto insurance personal injury protection (PIP) policy in a drunk driving accident or the liability insurance of the manufacturer of a defective product that caused death.
In the event you’re pursuing compensation for a car accident injury, contact a Cherry Hill car accident attorney at Cuneo & Leonetti that is prepared and qualified to provide legal advice.
What’s the Difference Between a Wrongful Death and Survival Action Claim?
There are two ways to recover damages after the preventable death of a loved one occurs due to negligence or wrongdoing. Sometimes it can be difficult to decide if a survival action claim is more appropriate in your loved one’s case than a wrongful death claim. What’s the difference between these two types of claims?
Whereas a wrongful death claim directly benefits the close family members of a person who dies unexpectedly due to someone else’s fault, a survival action is a type of personal injury claim meant to directly compensate the deceased person themself for the pain, suffering, and financial damages they experienced prior to their death due to the injury. The executor of the deceased individual’s will or estate plan files a survival action claim on behalf of the now-deceased individual who cannot file the claim themselves. The compensation from a successful survival action claim goes directly to the victim’s estate and then passes to their beneficiaries as part of the estate.
Choosing a survival action over a wrongful death claim may be a better option for an injury victim who survived for some time after their injury, experienced pain and suffering, and incurred a large amount of medical expenses and lost wages before their death. The survival action reimburses the deceased person’s estate for the losses they experienced before succumbing to their injury.
Steps to Take After a Loved One’s Wrongful Death
The trauma and anguish of a loved one’s sudden loss can leave family members feeling lost and unsure of what to do next—especially when the death was entirely preventable if only someone else had taken the reasonable care your loved one deserved. It may be difficult to keep a clear head during this distressing time, but by taking certain steps after a loved one’s wrongful death in Cherry Hill, surviving family members can help streamline the wrongful death process and increase their chances of securing ample compensation for their damages.
If you suspect your loved one’s death was due to someone else’s negligent or wrongful action, document evidence by doing the following:
- Ask for a thorough medical examiner’s report
- Gather a copy of recent medical records from before the injury
- Get a copy of any police or accident report
- Save all receipts and invoices for medical treatment before the death as well as funeral and burial expenses
- Gather evidence of your loved one’s typical annual income and any benefits they provided
- Obtain a copy of the death certificate
- Document all impacts on the family and household after the death including the need to hire help for childcare, yard work, or general maintenance required to fill a gap in services caused by the family member’s death
Then, call the wrongful death attorneys at Cuneo & Leonetti so we can review your options for a wrongful death claim in Cherry Hill.
Areas We Serve
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