Law Offices Of Paul S. Foreman can help you with your wrongful death case
New Jersey defines a “wrongful death” as a death "caused by a wrongful act, neglect or default of another." Common causes of wrongful death include, but are not restricted to: Auto accidents, aviation accidents, bicycle accidents, boating accidents, motorcycle accidents, accidents involving trucks or big rigs, medical malpractice, swimming/water accidents, and defective products. Here’s the key thing as it pertains to any potential legal action: The conditions that caused the death must be such that, if the deceased person had lived, he or she would have been able to bring a personal injury claim to court.
Accordingly, a wrongful death claim is a personal injury claim where the injured person can’t bring his/her claim to court. So another party must bring the claim on the deceased person's behalf - typically, it’s filed by the executor or personal representative of the estate. Most wrongful death lawsuits follow in the wake of criminal trials, using similar evidence but with a lower standard of proof.
You many recall the case of ex-football star and actor O.J. Simpson, who was found not guilty in his criminal trial of murdering his wife Nicole in 1994, because the prosecution was unable to establish his guilt beyond a reasonable doubt. But he was found liable for the wrongful death of the two victims in his civil trial because the plaintiffs were able to prove he was responsible by preponderance of the evidence.
Any damages recovered in the case are distributed to surviving family members who were actually dependent on the deceased person at the time of death, or who are entitled to inherit from the deceased person under New Jersey's inheritance laws.
With regard to timing, New Jersey has what’s called a “statute of limitations," that requires wrongful death claims to be filed within two years of the date of the deceased person's death. If the claim is not filed within that two-year window, it will almost certainly be barred from court entirely.
HOW I CAN HELP
As your attorney, I will aggressively pursue justice, making sure that both you and your family are compensated appropriately. While I’m unable to bring your loved one back, I will be the one who takes responsibility for making the culpable party pay. Most importantly, I will be with you every step of the way, and together, we will make sure that you and your family members are taken care of.
As evidence that I can deliver the right outcome, I am a member of the Million Dollar Advocates Forum, reserved only for those attorneys who have won million and multi-million dollar verdicts and settlements. Less than 1% of U.S. lawyers are members.
Click here to read testimonials from clients that I have helped, and come through with major settlements in cases similar to yours.
WHERE DO I PRACTICE PERSONAL INJURY LAW?
My office is based in Roseland, NJ. I serve all New Jersey Counties including Essex, Morris, Bergen, Passaic, Hudson, Sussex, Warren, Union, Middlesex, Ocean, Monmouth and any other county I am needed.
In short, I won’t let geography stand in the way of helping you, and I’m more than ready to take your case! I’ll travel to where you need me. If you’d like to schedule a free appointment, click here, or call me now at (973)-315-3232