973-319-7795Montclair Wrongful Death Lawyers
Helping You Pursue Financial Compensation After a Loved One’s Death
Losing a spouse, parent, child, or other close family member can be devastating, especially when their death is sudden and could have been prevented. If you’re going through this now and have reason to believe someone else’s negligent actions caused your loved one’s death, please reach out to our Montclair, NJ, law firm to speak with a compassionate wrongful death attorney to learn if you’re entitled to compensation.
The attorneys at Birkhold & Maider, LLC, have guided numerous clients through wrongful death cases to recover financial damages that could ease the grieving process. After all, you shouldn’t have to think about going back to work so you can afford your bills while you’re trying to come to terms with your loved one’s sudden death. If you hope to recover damages from the at-fault party, call our Northern New Jersey law office for a free consultation.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of personal injury case that you can initiate if you can prove that someone else’s negligence caused the death of your loved one. When you bring this type of claim against someone, you and your lawyers must prove that the responsible party failed to act with a reasonable level of care toward your loved one or even intentionally harmed them, leading to their death.
Some types of personal injury cases frequently lead to wrongful death claims once the family can prove the at-fault party’s negligence. Such cases include:
- Car accidents
- Motorcycle accidents
- Truck crashes
- Slip and fall accidents
- Medical malpractice
- Construction accidents
- Nursing home negligence
- Criminal acts
- Defective products
No matter what kind of fatal accident caused the death of your loved one, you may be able to pursue compensation with the help of experienced lawyers who can prove that someone else’s negligence was to blame. If you’re unsure if you have a case, consider whether your loved one would have been able to file a personal injury claim against the responsible party if they had survived. If so, you can likely file a wrongful death claim on their behalf. Call our Montclair, NJ, law firm for a free consultation with knowledgeable personal injury lawyers to learn more.
Who Can File a Wrongful Death Claim in New Jersey?
If you’re confident that someone else’s negligence caused your loved one’s unexpected death, the next step is making sure you’re eligible to file a claim. The New Jersey Wrongful Death Act states that only the personal representative of the victim’s estate can pursue financial compensation on behalf of the surviving family members.
This means if your loved one named an administrator or executor of their estate before they died, that person can file a claim. If they did not do this, the court can appoint a personal representative who can take legal action on behalf of the family.
Only certain surviving family members can benefit from the wrongful death claim. These include the spouse or domestic partner, children, or parents. In cases where fatal accident victims did not leave behind partners, children, or parents, other surviving family members may be able to collect compensation from the wrongful death case. These can include siblings, nieces, and nephews.
However, the surviving family members must prove that they were financially dependent on the fatal accident victim and were, therefore, financially affected by their sudden loss. Experienced Essex County attorneys can help the families of accident victims with this, so call our Montclair, NJ, law office for legal representation.
What Compensation Can You Collect for Your Wrongful Death Case in New Jersey?
Losing a close family member can be life-changing, and no amount of money can fix that. However, you need to consider the practical details, such as keeping a roof over your head, especially if you have young children. This concern often requires grieving family members to return to work sooner than they’d like to. If you’d like to avoid this complication and give yourself time to grieve without worrying about finances, you should seek legal counsel for help with financial recovery.
The families of wrongful death victims in New Jersey can often collect the following damages:
- Medical bills
- Funeral expenses
- Burial costs
- Loss of income and benefits
- Loss of services, such as childcare and transportation
- Loss of companionship
- Loss of guidance
If you’re worried about how you’ll afford to pay for the bills–such as medical and funeral expenses–related to your loved one’s sudden death, initiating a wrongful death case may be recommended. Call our Essex County lawyers to learn more about getting help with your financial recovery through your New Jersey wrongful death case.
Are You Ready to Get Legal Assistance from Montclair Wrongful Death Lawyers?
The attorneys at Birkhold & Maider, LLC, have spent years helping the families of fatal accident victims collect compensation through wrongful death cases. Whether you lost your loved one to a tragic car accident, workplace incident, violent crime, or any other negligent act, you can count on us to make you our top priority when it comes to recovering damages in a wrongful death case.
Our Essex County attorneys understand the complications that can arise from a sudden death in the family, so we’re sensitive to the financial problems and emotional distress that our clients are likely experiencing. From the start of the attorney/client relationship, we will use our legal experience and in-depth knowledge of the New Jersey Wrongful Death Act to pursue the financial damages you need for your family. If you’re ready to speak with caring New Jersey lawyers after losing a loved one to a fatal car accident or other act of negligence, call us at 973-319-7795 for a free initial consultation.