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 a Cherry Hill personal injury lawyer.
Our firm understands the profound emotional and legal complexities that surround wrongful death cases, and we are here to provide the guidance, empathy, and legal expertise you need during this challenging time.
With a strong commitment to justice and decades of experience, Cuneo & Leonetti New Jersey attorneys are here to stand by your side, guide you through your case, and help you pursue accountability and compensation for your loss. Your loved one’s memory deserves justice, and we are here to help you seek it.
Get in touch by calling (856) 869-9066 or booking your free, no-obligation case review and consultation online today.
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
- Misdiagnosis
- 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.
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.