MOUNT LAUREL WRONGFUL DEATH LAWYER

Losing someone unexpectedly is devastating. When that loss is caused by another person’s or company’s carelessness, recklessness, or wrongful conduct, state law may allow surviving family members to seek accountability and financial recovery.

In general, a wrongful death occurs when a person dies as a result of another party’s negligence, misconduct, or wrongful act. These claims are governed by state-specific laws that outline how they are handled.

A wrongful death claim allows eligible family members to pursue compensation for both the financial impact of the loss and the loss of the relationship itself.

To establish a wrongful death case, an attorney typically must show:

• The defendant owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family members suffered legally recognized damages

Who may file the claim and how any compensation is distributed will depend on the laws that apply to the case.

Wrongful death claims can arise from many different types of preventable incidents. While the specific circumstances vary from case to case, certain types of fatal accidents occur more frequently in communities like Mount Laurel.

Common causes may include:

• Car accidents involving negligent or distracted drivers
• Pedestrian or bicycle collisions
• Commercial truck accidents
• Medical malpractice at hospitals or surgical centers
• Construction site and other workplace accidents
• Drownings in residential or public pools
• Premises liability incidents at businesses or apartment complexes
• Defective or dangerous products
• Nursing home neglect or abuse
• Fatal injuries resulting from violent or criminal acts

Each of these situations may support a civil wrongful death claim, which is separate from any criminal charges that may also be brought.

If you suspect a wrongful death, it’s important to take immediate action to protect your rights and build a strong case. Here are the key steps you should take:

Obtain a Death Certificate

The official death certificate will document the cause of death, which may be important for your case.

Gather Evidence

Gather any medical records, accident reports, photographs, witness statements, or other documentation that may support your claim. If the death occurred in a workplace or medical setting, obtain records related to procedures, treatments, or potential safety violations.

Contact Morgan & Morgan

A wrongful death attorney can review the details of your case and help you understand the appropriate next steps. They can also assist in identifying who may be responsible and what types of compensation may be available.

Avoid Speaking With Insurance Companies Alone

Insurance companies may attempt to minimize your claim. Consult with your attorney before providing any statements.

Determine Who Can File a Claim

Who can file a wrongful death lawsuit is determined by state law. In many states, a wrongful death claim may be filed either by qualifying surviving family members or by the personal representative of the deceased person’s estate on their behalf.

Who is eligible, such as a spouse, children, parents, or other dependents, depends on the specific laws of the state where the claim is brought.

Be Aware of the Statute of Limitations

Each state has a specific deadline for filing a wrongful death claim. New Jersey’s statute of limitations is strict, and missing this deadline could prevent you from pursuing legal action.

Consider the Financial and Emotional Impact

Wrongful death claims may allow recovery for losses such as medical expenses, funeral and burial costs, lost financial support, and the loss of companionship, care, and guidance. An attorney can help evaluate the full scope of economic and non-economic damages available under New Jersey law.

Determining whether you have a valid wrongful death case depends on several key legal factors. Here’s what you should consider:

Was there negligence or misconduct?

To have a wrongful death case, you must prove that someone else's negligence, recklessness, or other actions caused the death. This can include:

• Car accidents caused by a reckless driver
• Medical malpractice due to a doctor’s error
• Unsafe workplace conditions leading to a fatal accident
• Criminal acts, such as assault or homicide

Did the death result from that negligence?

There must be a direct link between the responsible party’s actions (or failure to act) and the death. For example, if a doctor failed to diagnose a condition that could have been treated and the patient later died as a result, it may form the basis of a valid claim.

Do you have legal standing?

Only specific individuals are allowed to file a wrongful death lawsuit, and eligibility is determined by state law. In most states, the claim may be brought either by eligible surviving family members or by the personal representative of the deceased’s estate on behalf of those beneficiaries.

Those who may qualify can include a surviving spouse, children, parents, or other financially dependent relatives, depending on the specific laws of the state.

Are there recoverable damages?

A valid wrongful death claim must involve legally recognized losses, which may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future earnings and benefits
• Loss of companionship, care, guidance, and support

The types of damages available depend on state law and the specific circumstances of the case.

Is it within the statute of limitations?

Each state has a deadline to file a wrongful death claim. If too much time has passed, you may lose the right to sue.

New Jersey law requires that a wrongful death lawsuit be filed by the personal representative (executor or administrator) of the deceased person’s estate. Surviving family members, such as a spouse, children, or parents, do not file the claim directly.

However, the claim is brought on behalf of eligible surviving family members, not the estate itself. Any damages recovered are distributed to those beneficiaries in accordance with New Jersey law.

If a personal representative has not yet been appointed, probate proceedings may be necessary to designate someone to act on behalf of the estate and pursue the claim.

New Jersey law imposes strict deadlines for filing a wrongful death claim. In most cases, the time period begins running from the date of death, though certain circumstances can affect how the deadline is calculated.

Different rules may apply in cases involving:

• Medical malpractice
• Claims against government entities
• Delayed discovery of the cause of death

Because these deadlines are strictly enforced and missing them can permanently prevent recovery, it’s important to act promptly to protect your rights.

A wrongful death lawsuit (civil case) and a criminal case can arise from the same incident, but they serve different purposes and follow different legal standards.

Purpose

• Civil case: Filed by eligible family members or the estate to seek financial compensation for legally recognized losses, such as medical expenses, funeral costs, and loss of financial support. The goal is monetary recovery, not punishment.
• Criminal case: Handled by the government to address violations of criminal law, with the goal of imposing penalties such as imprisonment, fines, or probation.

Burden of Proof

• Civil case: The plaintiff must prove liability by a preponderance of the evidence (meaning it is more likely than not).
• Criminal case: The prosecution must prove guilt beyond a reasonable doubt, a much higher standard.

Who Brings the Case

• Civil case: Filed by surviving family members or the estate, depending on state law.
• Criminal case: Filed by government prosecutors.

Possible Outcomes

• Civil case: May result in a financial award for the family.
• Criminal case: May result in criminal penalties, such as incarceration or fines.

Can both happen at the same time?

Yes. A civil wrongful death claim can proceed independently of any criminal charges related to the same incident.

A wrongful death lawsuit and a survival action are both legal claims that may arise when someone dies due to another party’s negligence, but they serve different purposes.

A wrongful death claim focuses on the losses suffered by surviving family members. It allows them to seek compensation for damages such as funeral and burial expenses, loss of financial support, and loss of companionship or services, depending on state law. The emphasis is on how the death has affected the surviving beneficiaries.

A survival action, on the other hand, is brought on behalf of the deceased person’s estate. It seeks damages the individual could have recovered if they had survived, such as medical expenses, lost income, and other losses incurred between the time of injury and death. Instead of compensating the family’s loss, it continues the claim the deceased would have had.

The primary distinction comes down to timing and purpose. Wrongful death claims focus on the effect of the loss on surviving family members, while survival actions address the harm the deceased experienced before death. In some cases, both claims may be pursued together, depending on state law.

In a wrongful death case, compensation, often referred to as damages, is meant to address the losses resulting from a person’s death. The types of damages available will depend on New Jersey law and the specific circumstances of the case. Damages may include:

Economic losses

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including future income and benefits
• Loss of household services

Non-economic losses (when allowed by law)

• Loss of companionship, care, or guidance
• Loss of consortium

In cases involving especially reckless or intentional conduct, additional damages may also be available under applicable law.

Because wrongful death laws can vary and each case is unique, an attorney can help evaluate your situation and determine what types of compensation may apply.

Establishing liability in a wrongful death case requires demonstrating that another party’s actions, or failure to act, led to the death. While this process can be complex, most cases center on proving negligence, recklessness, or intentional misconduct.

In many cases, this means demonstrating that the defendant failed to exercise reasonable care. To do so, the following elements are typically required:

• Duty of care: The defendant had a legal obligation to act with reasonable care (for example, drivers must operate vehicles safely, and medical providers must deliver competent care).
• Breach of duty: The defendant failed to meet that standard.
• Causation: That failure was a substantial factor in causing the death.
• Damages: The death resulted in legally recognized losses.

In some situations, liability may be based on reckless or intentional conduct rather than negligence. In those cases, it must still be shown that the conduct directly led to the death.

Building a case typically involves collecting evidence such as medical records, witness statements, expert analysis, accident reports, and photographs or video footage.

Defendants may contend that the deceased shared some responsibility for the incident. Depending on state law, this can reduce or limit the amount of recovery. Strong evidence and experienced legal representation are important to address these arguments.

Wrongful death cases often involve complex facts, multiple parties, and significant financial stakes. Working with an experienced attorney can help ensure the evidence is thoroughly developed and effectively presented.

In a wrongful death case, an expert witness helps explain complex issues that are outside the common knowledge of the jury. Their role is to offer specialized insight that supports the plaintiff’s position or challenges the defendant’s claims. Expert witnesses are typically professionals in fields relevant to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may testify about the cause of death, the severity of injuries, and how the defendant’s actions contributed to the fatal outcome. Similarly, an accident reconstruction expert might use evidence to show how an accident occurred and whether the defendant's behavior played a role in causing the death. By sharing their professional opinions, these witnesses help the jury better understand complex issues and make more informed decisions.

Yes, insurance often plays a significant role in wrongful death claims. In many cases, the person or entity responsible for the death may have insurance coverage that can help compensate surviving family members. Here are some common ways insurance may be involved:

• Liability insurance: If the at-fault party is insured, such as in a car accident or workplace incident, their policy may cover damages in a wrongful death claim. The insurance company typically handles the defense and may offer a settlement to avoid litigation.
• Life insurance: If the deceased had a life insurance policy, beneficiaries may receive death benefits. This is separate from a wrongful death claim but can provide additional financial support.
• Workers’ compensation: If the death occurred on the job, workers’ compensation insurance may cover certain expenses. However, it generally does not include non-economic damages. In some cases, a separate claim may be possible if a third party contributed to the incident.
• Settlements: Insurance companies often try to resolve claims before trial to reduce costs and risk. Settlements may help cover expenses such as medical bills, funeral costs, and lost income.

While insurance can be a key source of compensation, it may not cover every type of loss, and the amount available depends on the specifics of the case. It’s also important to understand that insurers often work to limit payouts, which is why legal representation can play an important role in protecting your interests.

While it’s not legally required to have a lawyer for a wrongful death claim, it is highly recommended. Wrongful death cases can be complex, involving legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.

New Jersey’s wrongful death laws are strict and include specific guidelines for who can file a claim, what damages are available, and the statute of limitations. A lawyer ensures your claim follows all legal requirements.

Establishing that someone’s negligence or intentional actions caused the death also requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys know how to build a solid case.

Insurance companies often aim to reduce their payouts. They may offer a low settlement or dispute liability altogether. An attorney can negotiate on your behalf and help ensure your claim is properly valued.

If a settlement cannot be reached, the case may proceed to trial. This process involves filing legal documents, presenting evidence, and making arguments in court. An experienced attorney at Morgan & Morgan can manage these steps and advocate for your rights throughout the process.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with law offices in every state nationwide, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We’re deeply rooted in New Jersey and understand the local courts, judges, and insurance practices. Our firm has recovered billions for families nationwide and has the resources to take on large corporations, hospitals, and insurers.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's Mount Laurel team today for a free case evaluation to learn more about your legal options.