Guiding families through recovery after a wrongful death tragedy
After losing your loved one in a sudden accident, a lawsuit is likely the last thing on your mind. After all, no amount of money can ever bring back this special person or diminish the grief caused by your loss. A wrongful death claim can, however, offer you financial support at a time when you have lost income and accumulated bills. The action may also give you some sense of closure and justice.
Seigel Law is exclusively dedicated to personal injury recovery for clients throughout Ridgewood, Hackensack, Fair Lawn, Teaneck, Garfield, Fort Lee, Newark, Jersey City, Paterson, Elizabeth and Clifton. We can guide your family through the legal process, always showing you the respect, privacy and compassion you deserve during this difficult time.
Filing a wrongful death claim in New Jersey
The personal representative of the estate files a wrongful death claim on behalf of the beneficiaries. The claim is based on the underlying personal injury. To prevail in a wrongful death claim, you must prove all the elements of the relevant personal injury and that the incident was the cause of your loved one’s death.
Distribution of damages in a wrongful death lawsuit
Damages are distributed to the heirs of the estate in accordance with NJ intestacy statutes. Compensation is usually divided in the following manner:
- All compensation goes to the spouse if the deceased left no parents or children.
- The spouse receives $50,000 plus one-half of the balance, and children divide the remainder if they belong to both the spouse and the deceased.
- The spouse receives one-half, and the children divide the remainder if they are not the spouse’s children.
- The spouse receives $50,000 plus one-half of the balance, and the parents divide the remainder if the deceased had no children.
- The parents divide the damages award if the deceased was unmarried and had no children.
- The children divide the damages award equally if the deceased was unmarried and the parents are no longer alive.
- If a child has already died, the child’s share passes to that child’s children.
Hold the negligent person or corporation responsible for your loved one’s death
Seigel Law only handles personal injury claims. Call us at 201.444.4000 or contact us online to schedule a free initial appointment at our Ridgewood-based firm. We can also come to your home or a hospital in Northern New Jersey if you are unable to come to our office. We accept your case on contingency — meaning you do not owe us lawyer fees unless you win.