Paramus Wrongful Death Lawyers

Proven trial lawyers seek compensation after fatal accidents

The most tragic accidents are those that result in an unnecessary loss of life. If you’ve lost a loved one due to a car crash, slip-and-fall, surgical error, or some other negligent act, your grief is probably immeasurable. With your loved one gone, you might wonder what point there is to legal action? At Razi & Giampa Law in Paramus, we understand that a civil lawsuit might seem futile, since no amount of money can ever replace a cherished family member. But in our system of justice, a wrongful death lawsuit is often the only way to hold a wrongdoer accountable and obtain closure for your family. Wrongful death claims can even force reforms that can prevent similar accidents in the future. When you retain R&G for your wrongful death claim, you get a team of proven trial lawyers who pursue justice aggressively while responding compassionately to your every concern.

Common causes of wrongful death in New Jersey

By far, the leading cause of wrongful death in New Jersey is motor vehicle accidents. Car, truck, and motorcycle accidents make up the lion’s share of fatalities that prompt wrongful death actions. Other incidents that lead to wrongful death claims include:

• Assault
• Construction, industrial, and workplace accidents
• Slip-and-fall accidents
• Medical and surgical malpractice
• Large dog attacks
• Premises liability accidents

When we undertake a wrongful death case, we thoroughly investigate the circumstances. If we suspect the fatal incident resulted from a negligent, reckless, or deliberate act or omission, we identify all potential defendants and aggressively press your case for damages.

Who can file a wrongful death action in New Jersey?

Not everyone affected by the loss of a loved one can initiate a wrongful death lawsuit in New Jersey.
According to the law, only the executor of the decedent’s will or the personal representative of the estate may file the claim. Any damages the lawsuit recovers are then distributed to the decedent’s survivors. Those eligible to receive damages include:

• The decedent’s spouse
• Children and/or grandchildren
• Parents (if there is no spouse or children)
• Siblings, nephews and nieces (if there is no spouse or children)

Additionally, a person who can prove that he or she was financially dependent on the decedent can try to claim damages.

What damages are available in a New Jersey wrongful death action?

The types of damages available in a wrongful death action include:

• Lost income — This is the amount the decedent would have actually earned and contributed to the survivors over the course of a normal lifespan. A financial expert usually testifies to the value of the earnings, including benefits, minus taxes and amounts the decedent would have used for “personal maintenance and expense.”
• Loss of services — This claim is for the reasonable economic value of the services the decedent would have provided to a beneficiary. These include any assistance, guidance, and training that the survivor now has to do without or pay someone else to provide. For instance, what is the economic value of a grandparent who babysits your children, tutors them, gives them music lessons, or coaches them in athletics? What if your relative regularly cooked meals for your family and helped maintain the home? It is usually necessary to retain a financial expert to tally services according to market values and project the value of those services into the future.
• Funeral — All reasonable costs for funeral and burial.
• Medical expenses — Total expenses for necessary medical treatment from the moment of the accident until death.

If the family receives damages for amounts that medical insurance or workers’ compensation has already covered, those amounts would have to be repaid from the wrongful death settlement.

New Jersey’s Survival Act allows the decedent’s estate to recover for the victim’s conscious pain and suffering prior to death. However, the family members may not claim their own emotional suffering. An exception to that rule applies to family members who actually witnessed their loved one’s death. They can file a separate action for negligent infliction of emotional distress.

New Jersey courts rarely allow punitive damages for wrongful death, but can issue such an award if the defendant’s conduct was particularly egregious.

As your advocates, our task is to recover the greatest damage award possible under the facts of the case. We explore all avenues to recovery, and prosecute your case with the utmost professionalism.

Contact Razi & Giampa Law in Paramus for a free wrongful death consultation

Razi & Giampa Law in Paramus provides highly professional and compassionate legal services for families who’ve lost loved ones in fatal accidents in Bergen County and throughout New Jersey. To schedule a free consultation, call us today at 201-534-5011 or contact our firm online.