There is nothing in the justice system that can replace the loss of a father, mother, spouse or child. It’s hard to imagine that as a victim of unimaginable tragedy and pain, your rights to pursue compensation arising from the death of a loved one, could be so complicated and burdened with legal pitfalls.
Wrongful death lawsuits in New Jersey are brought on behalf of the Estate of a person whose death was caused by a tragic event such as negligence, motor vehicle accidents, product defects and/or failure or medical malpractice. In common law, no claim for the wrongful death of a loved one existed. The New Jersey Legislature authorized claims for “death by wrongful act” or “wrongful death,” and the other authorizing so-called “survival” actions. N.J.S.A. 2A : 31-1 to 6 and N.J.S.A. 2A :15-3. However, claims for wrongful death damages must be calculated in terms of “pecuniary” losses. Financial loss includes not only the actual monies that a decedent would have earned and contributed for the benefit of the survivors but also the reasonable value of the services, assistance, care, training, guidance, advise, counsel and companionship the survivors would have received from the decedent had he she lived.
At Westmoreland Vesper Quattrone & Beers , this is the very area of legal practice in which we excel. Tom Vesper, has written articles and lectures nationwide in the field of Wrongful Death and Survival Action litigation. Our team of attorneys and experts have successfully developed overlooked elements of economic loss not ordinarily considered by some attorneys. In death claims, our lawyers consult with economists to place values on lost services, advice, counsel and companionship. We also seek compensation for the time period in which the decedent suffered before their demise.
If a loved one has been killed, or you or a family member has been injured, due to the negligence of others, please fill out our Contact Form or call us at 609-645-1111 to learn more. We would be happy to arrange for a confidential free consultation.