New Jersey Wrongful Death Accident Matters
Wrongful Death Accident Lawsuits in New Jersey
Wrongful death cases require special consideration for the spouse and family members of the deceased. Sometimes, death is instantaneous and other times, there is a prolonged period of unsuccessful medical treatment which results in a delayed death. The effects upon the spouse and family members can be overwhelming and require that the lawyer extend utmost consideration and sensitivity. This office has represented many decedents and their survivors of all types of horrific events and accidents. All too often, the death results from the neglect of drunk drivers.
There are actually two aspects of a wrongful death action in the State of New Jersey. The cause of action for wrongful death may be brought by the Executor for the conscious pain and suffering and economic loss of the victim from the time of the event until the time of passing. An additional cause known as a survival action may be brought by the surviving spouse and children of the decedent based upon their dependency upon the decedent.
In other words, a dependent spouse and child or children may project their economic loss well into the future. This often becomes the most significant loss in a wrongful death action. New Jersey Statutes control how proceeds are distributed. Many times, the wrongdoer will attempt to contest liability, especially in unwitnessed accident situations.
Types of Wrongful Death Actions
Tragically, fatalities commonly result from all types of motor vehicle accidents, such as:
- car accidents,
- truck accidents,
- bus accidents,
- motorcycle accidents, and
- pedestrian accidents.
In the case of a motor vehicle collision, a victim may leave dependents with not only deep emotional loss but a tremendous financial and economic loss as well.
Death may occur as a result of events and accidents other than motor vehicle collisions. Other types of death cases often occur in a worksite or construction setting. Contractors often disregard OSHA regulations, thereby creating an unsafe work environment. For example, a Defendant may not provide properly stable ladders or scaffolding, resulting in a fall accident.
Workers in these circumstances have a workers compensation claim which actually shields the employer from any direct suits outside of workers compensation court. It is incumbent upon counsel to go beyond workers compensation and look at the potential responsibility for third parties such as manufacturers or installers of faulty, unsafe or defective equipment. This investigation may also lead to discovery of potential product liability claims against manufacturers of work place items, such as ladders and scaffolding.
New Jersey Wrongful Death Case Summary, Representation by the Law Office of Philip Ciprietti
In today’s world, it is not uncommon for a child to be born out of wedlock. For example, this office brought a wrongful death action on behalf of a young child whose father had been killed in a motor vehicle accident. Prior to death, his girlfriend (mother of the surviving child) filed an application with the Surrogate’s Office to become Administrator of the Estate. The girlfriend was in fact appointed as Administrator although she was not entitled to receive any type of benefit of any kind since she was not lawfully wed to the decedent prior to the time of his death. The only person to benefit was the surviving child as next of kin.
The lawsuit was particularly difficult because the wrongdoer had only $15,000.00 in liability coverage. After investigation, we determined that there was strong evidence of intoxication of the driver who killed the decedent. We were able to determine where the drinking took place and found witnesses to confirm that the wrongdoer had been over served at a local Bar while he was in fact visibly intoxicated. Fortunately, the Bar did have liability insurance, and a lawsuit was successful against the Bar for over serving the wrongdoer under what is known as Dram Shop Liability.
New Jersey Wrongful Death Accident Lawyer Philip Ciprietti
Since 1982, Phil Ciprietti has been certified by the New Jersey Supreme Court as a certified civil trial lawyer. He accepts wrongful death accident cases. For a consultation with Mr. Ciprietti, please call 800.281.8695