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Wrongful Death Lawyers NJ

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Expert Wrongful Death Attorneys in New Jersey: Advocating for Your Family’s Rights

Losing a loved one due to the negligence or misconduct of another party is a profoundly traumatic experience. Beyond the emotional turmoil, families are often left facing significant financial burdens, including medical bills, funeral expenses, and the loss of income. In such times of distress, having the support and expertise of seasoned wrongful death attorneys can be crucial in seeking justice and securing the compensation your family deserves. At Gencarelli & Rimassa, we are committed to providing exceptional legal representation to help you navigate this challenging process with compassion and skill.

What is Wrongful Death?

Wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct. This can arise from a variety of circumstances, including but not limited to:

  • Car Accidents: Fatal car accidents caused by negligent drivers, reckless behavior, or defective vehicles.
  • Medical Malpractice: Deaths resulting from medical errors, misdiagnosis, surgical mistakes, or failure to provide adequate care.
  • Workplace Accidents: Fatalities occurring in the workplace due to unsafe conditions, lack of proper training, or defective equipment.
  • Product Defects: Deaths caused by dangerous or defective products that fail to meet safety standards.
  • Slip and Fall Accidents: Fatal slip and fall accidents resulting from hazardous conditions on someone else’s property.
  • Violent Crimes: Deaths caused by intentional acts of violence, such as assault or homicide.

To pursue a successful wrongful death lawsuit, it is essential to establish four key elements:

  1. Duty of Care: The responsible party owed a duty of care to the deceased. For example, drivers have a duty to operate their vehicles safely, and doctors have a duty to provide competent medical care.
  2. Breach of Duty: The responsible party breached their duty of care through negligence or intentional misconduct. This could include actions such as drunk driving, medical errors, or failure to maintain a safe premises.
  3. Causation: The breach of duty directly caused the death of the victim.
  4. Damages: The death resulted in damages, such as medical expenses, funeral costs, loss of income, and emotional suffering.

How Can a Wrongful Death Attorney Assist You?

Navigating a wrongful death claim can be complex and emotionally draining. Hiring a skilled wrongful death attorney provides numerous benefits that can help ease this burden:

Thorough Investigation:

A wrongful death attorney will conduct a comprehensive investigation into the circumstances surrounding your loved one’s death. This includes gathering evidence, interviewing witnesses, consulting with experts, and reconstructing the incident. By thoroughly examining all aspects of the case, we can build a strong foundation for your claim.

Legal Guidance:

The legal process can be overwhelming, especially when you are grieving the loss of a loved one. An experienced wrongful death attorney will guide you through every step of the process, ensuring that you understand your rights and options. We will help you meet all deadlines, file the necessary paperwork, and comply with legal requirements.

Negotiation Skills:

Insurance companies and other parties involved in wrongful death cases often seek to minimize their liability and offer low settlements. A skilled attorney will negotiate on your behalf to secure a fair settlement that reflects the true value of your claim. We will fight for maximum compensation to cover medical expenses, funeral costs, lost wages, and other damages.

Litigation Support:

If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court. Our attorneys are experienced litigators who will present a compelling argument and advocate for your rights in front of a judge and jury. We will work tirelessly to ensure that justice is served.

Peace of Mind:

By hiring a wrongful death attorney, you can focus on grieving and healing while knowing that your legal rights are being protected. We will handle all aspects of your case with professionalism and dedication, providing you with peace of mind during this difficult time.

Statute of Limitations for Wrongful Death Claims in New Jersey:

It is crucial to be aware of the time constraints for filing a wrongful death claim in New Jersey. The statute of limitations for wrongful death cases is generally two years from the date of death. However, there are exceptions to this rule. For example, if the responsible party is a government entity, different time limits may apply.

Failing to file a claim within the statute of limitations can result in losing your right to seek compensation. Therefore, it is essential to consult with a wrongful death attorney as soon as possible to ensure that your rights are protected.

Types of Compensation Available in Wrongful Death Cases:

In a wrongful death case, various types of compensation may be available to surviving family members. These can include:

Economic Damages:

  • Medical Expenses: Costs incurred for medical treatment prior to the deceased’s death.
  • Funeral and Burial Costs: Expenses related to funeral services and burial or cremation.
  • Loss of Income: Compensation for the income the deceased would have earned had they lived.
  • Loss of Benefits: Loss of benefits such as health insurance, retirement benefits, and pension plans.

Non-Economic Damages:

  • Pain and Suffering: Compensation for the emotional pain and suffering experienced by surviving family members.
  • Loss of Companionship: Compensation for the loss of companionship, guidance, and support provided by the deceased.
  • Loss of Consortium: Compensation for the loss of marital relations suffered by the surviving spouse.

Punitive Damages:

In cases where the defendant’s actions were particularly egregious or malicious, punitive damages may be awarded. These damages are intended to punish the wrongdoer and deter similar conduct in the future.

Common Causes of Wrongful Death:

Understanding common causes of wrongful death can help identify potential claims and ensure that responsible parties are held accountable:

Car Accidents:

Fatal car accidents often result from negligent driving behaviors such as speeding, distracted driving, drunk driving, or reckless driving. Poor road conditions or vehicle defects can also contribute to deadly crashes.

Medical Malpractice:

Medical malpractice occurs when healthcare providers fail to provide an acceptable standard of care, leading to fatal outcomes. Common examples include misdiagnosis, surgical errors, medication errors, and failure to diagnose serious conditions.

Workplace Accidents:

Workplace fatalities can occur in various industries due to unsafe working conditions, inadequate training, lack of safety equipment, or equipment malfunctions. Employers have a responsibility to maintain a safe work environment for their employees.

Product Defects:

Defective products can cause fatal injuries if they fail to meet safety standards or contain design flaws. Manufacturers have an obligation to ensure that their products are safe for consumer use.

Slip and Fall Accidents:

Property owners have a duty to maintain safe premises for visitors. Slip and fall accidents resulting from hazardous conditions such as wet floors, uneven surfaces, or inadequate lighting can lead to fatal injuries.

Violent Crimes:

Intentional acts of violence such as assault or homicide can result in wrongful death claims against perpetrators or third parties who failed to prevent such actions.

Steps to Take After a Wrongful Death:

If you believe your loved one’s death was caused by another party’s negligence or misconduct:

  1. Seek Legal Counsel: Contact an experienced wrongful death attorney immediately to discuss your case and understand your legal options.
  2. Preserve Evidence: Gather any evidence related to the incident including medical records, accident reports, photographs/videos from the scene.
  3. Identify Witnesses: Obtain contact information from witnesses who can provide valuable testimony about what happened.
  4. Document Damages: Keep records/documentation related to medical expenses incurred before death; funeral/burial costs; loss income/benefits; emotional suffering experienced by surviving family members.
  5. File Claim Promptly: Ensure timely filing within statute limitations period applicable jurisdiction avoid losing right seek compensation.

Why Choose Gencarelli & Rimassa?

Experience:

With over two decades of combined experience, our attorneys have successfully handled numerous wrongful death cases in New Jersey. Our extensive knowledge of state laws and legal precedents enables us to build strong cases that stand up to scrutiny. We understand the nuances of wrongful death claims and are adept at navigating the complexities of the legal system to ensure our clients receive the compensation they are entitled to.

Compassion:

At Gencarelli & Rimassa, we genuinely care about our clients and their families. We recognize that each case is unique and that every client has their own set of circumstances and needs. We take the time to listen to your story, understand your situation, and provide personalized support throughout the legal process. Our compassionate approach ensures that you feel heard and supported during this difficult time.

Results:

Our track record speaks for itself. We have secured substantial settlements and verdicts for our clients, helping them achieve financial stability and peace of mind. Our success is built on a foundation of thorough preparation, strategic thinking, and relentless advocacy. We are committed to achieving the best possible outcomes for our clients and work tirelessly to ensure that justice is served.

Personalized Approach:

We believe that every client deserves individualized attention and a tailored legal strategy. At Gencarelli & Rimassa, we take a personalized approach to each case, carefully considering your unique circumstances and goals. This allows us to develop a legal plan that is specifically designed to meet your needs and maximize your chances of success.

Aggressive Advocacy:

Our attorneys are skilled negotiators and litigators who are not afraid to take on powerful entities, such as insurance companies, corporations, and government bodies. We fight tirelessly to protect your rights and ensure that you receive the compensation you deserve. Whether through negotiation or litigation, we are prepared to advocate aggressively on your behalf.

Contact Gencarelli & Rimassa Today:

If you have lost a loved one due someone else’s negligence intentional actions compassionate skilled wrongful death attorneys at Gencarelli & Rimassa ready help Reach out free consultation let us guide seeking justice rightful compensation for loss

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