A loved one’s death always feels wrong to the surviving family members, but when someone else’s negligent, reckless, or wrongful actions caused the death, family members can gain justice as well as compensation for the financial losses associated with their loved one’s passing.
If your loved one died due to someone else’s actions, then you deserve to have their voice heard. The Collingswood wrongful death attorneys at Cuneo & Leonetti have deep compassion for those who’ve lost a beloved family member in a preventable death caused by someone else. Your family shouldn’t have to face financial hardship when another party is responsible. A New Jersey wrongful death claim in Collingswood can help.
Call Cuneo & Leonetti today to talk about your loved one’s loss so we can begin a strong legal strategy for your family’s financial recovery.
Why Choose Us for Your Wrongful Death Claim in Collingswood?
The attorneys at Cuneo & Leonetti have deep compassion for the grief all family members feel at a loved one’s passing. We understand the additional anguish of knowing the death was preventable. We’re ready to be a voice for justice through the following:
- A free consultation and no upfront fees—instead, we only collect a fee after securing your compensation
- A thorough investigation to determine the liable party and the appropriate insurance company to file a claim against for your family’s damages
- A dedicated law firm with individualized attention to your unique case
- Open and honest communication throughout the legal process so you’re never left in the dark about the progress of this all-important case
At Cuneo & Leonetti Attorneys at Law in Collingswood, we’re ready to focus on navigating your wrongful death claim so you can focus on guiding your family through this time of loss.
What is Wrongful Death in New Jersey?
When a death is preventable if only another party took the measures a reasonable person would have under the same circumstances, the family members may file a wrongful death claim against the at-fault person or business entity responsible. Wrongful death claims in Collingswood and throughout New Jersey often result from fatal injuries due to the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Premises accidents such as a slip-and-fall death or an accidental drowning in an unfenced pool
- Acts of criminal violence
Though these are common causes of death in wrongful death claims in New Jersey, there are many other ways that preventable deaths occur. Speak to the wrongful death lawyers at Cuneo & Leonetti about your loved one’s preventable death. In the event of a car accident, our Collingswood car accident lawyers can offer qualified legal advice.
Who Can File A Wrongful Death Case In New Jersey?
Some states allow close family members of a victim of wrongful death to directly file compensation claims, but New Jersey requires a family representative to file a claim on behalf of surviving immediate family members. Typically, the representative is the executor of the decedent’s estate named in their will or estate plan; however, the court may appoint a family member as the representative if the deceased individual didn’t leave a will.
Regardless of who files the claim, the decedent’s closest surviving family members receive any compensation recovered in a New Jersey wrongful death claim. Typically, compensation goes to the surviving spouse. If the deceased individual leaves no living spouse, the compensation goes to their children. If there are no children, the decedent’s parents or siblings may recover compensation.
Limiting the parties available for compensation in wrongful death claims prevents distant family members from profiting from the death when they weren’t financially dependent on the decedent in the case.
How Much is a New Jersey Wrongful Death Claim Worth?
Wrongful death claims help families who might otherwise face financial hardship due to the death. The amount of compensation the family member recovers is contingent upon many factors, but most importantly, it depends on the amount of income the family member earned and the benefits they provided. A successful wrongful death claim in Collingswood can recover compensation for the following damages:
- The amount of income the decedent would have earned in the remaining working years they had left
- The value of benefits the deceased family member provided like healthcare and retirement contributions
- Funeral and burial costs
- Loss of household services such as caring for the home and children or caring for the yard and home maintenance
- Loss of companionship and consortium
- Loss of emotional support and guidance
Unlike some states, New Jersey wrongful death laws prohibit claims for compensation for grief and anguish or punitive damages intended as a punishment to the wrongdoer responsible for the death.
A wrongful death claim in Collingswood proceeds independently of any criminal charges that may be pending in the case.
How is Negligence Defined in a Collingswood Wrongful Death Claim?
We all owe a general duty of care to take reasonable measures to prevent causing injury or death to others. Wrongful death claims in New Jersey may move forward in cases in which the deceased family member could have filed a personal injury lawsuit against the at-fault party had they survived their injury. Like a personal injury claim, a successful wrongful death lawsuit requires proving the at-fault party’s negligent, reckless, or wrongful actions caused the injury, resulting in death. To prove negligence in a wrongful death claim requires demonstrating the following:
- The at-fault party owed a duty of care to prevent injury or death to others, including to the decedent in the case
- They breached this duty by carelessness, recklessness, or purposeful wrongdoing
- The breach of duty directly caused the loved one’s death
- The surviving family members suffered financial damages from the injury
A Collingswood wrongful death lawyer will investigate all aspects of your loved one’s death to prove the at-fault party’s liability for damages and then carefully calculate your damages to maximize the amount of compensation you recover. Financial compensation in New Jersey wrongful death claims typically comes from the appropriate insurance policy such as a negligent driver’s auto insurance liability policy or a negligent doctor’s medical malpractice insurance.
Call the Wrongful Death Lawyers at Cuneo & Leonetti Today
If you’ve recently lost a loved one, it’s important to speak to an attorney now about your wrongful death claim, New Jersey limits the amount of time family members have to file a claim against the party responsible for the death. Often, defendants in wrongful death cases offer settlements that don’t require litigation in court but if your case goes to trial it must be within two years of the date of your loved one’s passing.
Reach out to the Collingswood wrongful death lawyers at Cuneo & Leonetti today for a free evaluation of your case and let us help you be a voice for justice.