Wrongful Death Lawyers in Essex County, NJ

Fiercely Advocating for Clients Affected by Wrongful Death

Losing a loved one is a traumatic experience that can leave your entire family shaken, grieving, and generally uncertain as to how to proceed. Unfortunately, many grieving families find themselves faced with the added strain of determining how to proceed financially after losing a loved one who contributed to the family’s income. After your unexpected loss, you may quickly—and regrettably– find that the economic realities of life often fail to wait for your emotional healing to begin. While no amount of financial compensation can ever truly make up for the wrongful death of your loved one, holding the negligent party who caused your loved one’s death financially accountable can help you provide your family with the stability necessary to begin the healing process.

At Birkhold & Maider, LLC, our experienced Essex County wrongful death lawyers realize that the pain of losing a loved one in a tragic accident can be excruciating. We also understand that retaining the services of a wrongful death attorney is likely the last thing on your mind as you struggle to keep your family together from an emotional standpoint. However, we are here to offer our sincerest support and legal guidance as you navigate this difficult time.

Our lawyers treat all clients with the compassion they deserve while fighting to protect your legal right to compensation through the wrongful death claims process. If you have lost a loved one because of someone else’s negligent or reckless behavior in Essex County or elsewhere in New Jersey, call our offices today so we can begin our fight to protect your family’s financial future through the legal system.

Do You Have the Right to File a Wrongful Death Claim in Essex County, NJ?

While just about all deaths are tragic and leave behind grieving family members, they don’t all lead to legal action. After all, to initiate a wrongful death claim, you must be able to identify a negligent act on the part of someone else that caused your loved one’s death. If you have a feeling about what occurred but need help proving it, a skilled wrongful death lawyer can investigate the situation to determine if you should pursue the case.

In short, if you lost a loved one because of someone else’s negligent or reckless—in other words, wrongful—actions, you may have a right to pursue a legal claim for compensation based upon wrongful death. Such legal claims in New Jersey often arise out of:

Regardless of the type of accident involved, if someone else’s failure to exercise due caution was the cause, you may have the right to financial compensation for your loss. Our lawyers can handle the entire process of recovering that compensation while you focus on your emotional well-being. When you come to us for legal assistance, we will conduct a thorough independent investigation of the accident that caused your loved one’s death to identify all potentially responsible parties and all available sources of compensation. Contact us today to schedule your free initial consultation with a compassionate wrongful death attorney serving clients across New Jersey.

What Compensation Can You Pursue with the Help of Experienced New Jersey Wrongful Death Lawyers?

When you hire our legal team, you can count on us to fight to obtain the maximum amount of compensation possible in your case. This will allow you and your family to begin to heal from the tragic loss of your loved one without the added burdens that financial insecurity can create. According to the New Jersey Wrongful Death Act, the type of compensation that may be recovered based on a New Jersey wrongful death claim may include:

Funds to make up for lost income that the deceased individual would have contributed to the family in the future, including any lost retirement or other employment benefits
All medical expenses incurred prior to the person’s death, including emergency room costs, hospital expenses, and any other out-of-pocket costs from the efforts to save their life
Money meant to compensate you and your family for the loss of spousal companionship or parental support that your loved one would have provided during their lifetime
Funeral expenses
Burial expenses
Compensation for pain and suffering

The New Jersey Wrongful Death Act also identifies who has the right to pursue a wrongful death lawsuit, and that’s the executor of the deceased’s estate. If there is no will naming an executor, the New Jersey probate court will appoint a personal representative as the estate administrator. The person appointed by the court can initiate a wrongful death lawsuit on behalf of the surviving family members who were financially dependent on the victim, such as the surviving spouse and children.

While we know that you can never place a dollar value on your loved one’s life, fighting for your right to collect financial compensation from a negligent party may be the only feasible means of protecting your future financial security. If you believe the accident that caused your family member’s untimely death was the fault of someone else, they should be held accountable for the resulting expenses. Call our law firm today to find out more about your legal options in the aftermath of a tragic death.

What Should You Expect from the Wrongful Death Legal Process in New Jersey?

One of the most critical elements of any wrongful death case is proving that someone else caused your lost loved one’s tragic death. This can be a daunting task when you’re still grieving and do not have the legal experience or resources necessary to get this done. This is why you should leave this job to a qualified attorney in New Jersey.

When you contact our Essex County law firm, our lawyers will conduct a full investigation into the accident that caused your loved one’s death. To start this process, we will work to establish that the person who caused the accident failed to exercise reasonable care and thereby breached a duty owed to your loved one. We will then work to show that this failure caused your loved one’s death and that you were thereby harmed financially, meaning you are now entitled to compensation.

Another essential detail of your wrongful death case is determining the amount of compensation you may be entitled to. Some forms of compensation, such as reimbursement for medical expenses, burial costs, and other financial damages, are relatively straightforward since you can use receipts to add up the costs. However, other forms – such as non-economic damages – are more difficult to calculate. The ability to recover damages for both economic and non-economic losses can make it more complex for you to arrive at the overall value of your claim in a wrongful death case.

After all, you are entitled to receive compensation for more subjective, emotional elements of the loss, such as your pain and suffering, emotional distress, and the loss of companionship that the wrongful death caused. To arrive at these dollar values for emotional damages requires a subjective analysis of the facts and circumstances surrounding the fatal accident, the injuries sustained, and how your loss has impacted every facet of your life.

If you feel overwhelmed by this legal process, we urge you not to worry since you don’t have to handle this or other details of your wrongful death claim alone. This is where an experienced wrongful death lawyer will prove especially valuable to your wrongful death suit. You can rest assured that we have the extensive knowledge and experience necessary to obtain the maximum possible compensation for these more subjective elements. If you’re ready to begin your financial recovery through a wrongful death claim, call our New Jersey law firm today for a consultation.

How Can Experienced Essex County Wrongful Death Lawyers Help Surviving Family Members Seek Justice?

Grieving the loss of a loved one may take a substantial amount of time, but it’s essential to know that New Jersey law unfortunately only provides grieving families with a two-year window in which to file a formal wrongful death lawsuit. This means you must take legal action before the statute of limitations ends if you plan to seek compensation, so we encourage you to contact our New Jersey firm immediately for legal advice.

During your wrongful death lawsuit, the lawyers at Birkhold & Maider, LLC will take the time to get to know you and the circumstances of your sudden loss so that we can make the most compelling argument possible for full compensation. When you meet with our team for an initial consultation, we will listen as you describe the accident that caused the death of your loved one and who you believe is responsible for his or her death, such as a drunk driver, property owner, or negligent medical professionals. We will then begin investigating to prove every element of your wrongful death claim so you can recover damages as soon as possible.

The first step to recovering financially is understanding your legal right to get justice through monetary compensation. If you’re a surviving spouse or other family member in need of financial support after losing a loved one in New Jersey, call 973-319-7795 for a free consultation with an experienced Essex County wrongful death attorney.