Perth Amboy Wrongful Death Lawyer

Accidents will often cause serious injuries and property damage, but an especially severe accident can take a life as well. If a loved one passes away as a result of an incident caused by someone else, the death could be considered wrongful and can form the basis for a lawsuit.

A Perth Amboy wrongful death lawyer can investigate to see if you have a claim; and if so, can bring that claim for compensation. Part of processing this tragedy can include holding someone responsible for what happened, and our personal injury attorneys at Voto & Cavalli are ready to assist you in your time of need.

How Do I Make a Wrongful Death Claim?

A wrongful death claim arises when someone passes away as a result of another person’s negligent or reckless action. Another person must bring the claim on their behalf, in the form of the executor or administrator of the deceased person’s estate under New Jersey Statutes Annotated § 2A:15-3.

Only an executor or administrator can bring a wrongful death claim, though a person can file suit and then be named administrator under the same statute. The suit itself can cover several different types of damages, depending on what happened to the deceased person.

A wrongful death claim can recover the funeral and burial expenses for the decedent, as well as damages they incurred in between the accident and the moment of death. These damages could include medical care costs and damage to their property, among other damages stemming from the accident.

An attorney can determine what damages are available in a Perth Amboy wrongful death claim, and whether a prospective plaintiff can bring it on behalf of the deceased. A lawyer can also advise on having a potential plaintiff declared administrator, if they are not already.

Compensating for the Loss of a Loved One

Bringing a wrongful death claim is an opportunity to tell the story of how someone died and how that death has affected family members. To do this, you must prove negligence on behalf of the named party.

Negligence holds someone liable for damages caused by a breach of a legal duty, and a negligence claim requires evidence to create that liability. A lawyer can gather that evidence by taking eyewitness statements and investigating the exact cause of the accident that resulted in death.

There are some situations where the person who passed away was partly to blame through their own negligence, and that could reduce the damages available in a wrongful death claim. Under New Jersey Statutes Annotated § 2A:15-5.1, a victim’s percentage of fault for an accident can be subtracted from the compensation, and if that person was more than 50 percent responsible compared to the named defendant(s), then compensation could be lost entirely.

As a person looking to bring a wrongful death claim is managing the decedent’s estate and their own grief, a Perth Amboy lawyer can represent them and the family’s interests in settlement talks or in court. Turning to legal counsel during this difficult time can make the process of recovery that much easier.

Speak to a Wrongful Death Attorney in Perth Amboy to Make Your Claim

Caring for your family when a loved one passes away should be your focus, and you should be able to grieve and manage their affairs with as little additional stress as possible. With the help of a Perth Amboy wrongful death lawyer, you can rest assured that your claim can proceed in the hands of a trusted professional.

Voto & Cavalli can walk you through a possible claim and estimate the damages you could receive on behalf of a deceased loved one. Contact our office to schedule a free consultation and learn more about the basics of wrongful death claims.