Bergen County Wrongful Death Lawyer
Losing a family member due to another’s negligence creates devastating consequences that go beyond emotional pain. When preventable circumstances claim a loved one’s life, families face mounting expenses and the loss of financial support while struggling with grief. These situations demand immediate legal action to secure compensation and hold responsible parties accountable.
At Jae Lee Law, our Bergen County team brings over 100 years of combined legal knowledge, handling wrongful death cases throughout New Jersey. We understand that no settlement can replace your loved one, but pursuing rightful compensation helps families maintain financial stability during this difficult time. Our personal injury attorneys take a proactive approach to every claim, prepared to go to trial when insurance companies refuse fair settlements.
Who Can File a Wrongful Death Claim in New Jersey?
New Jersey law designates who may bring a wrongful death claim. The action must be filed by the deceased’s personal representative, who is either named in the will or appointed by the court. This representative acts on behalf of the estate and eligible beneficiaries.
Eligible beneficiaries include:
- The deceased’s surviving spouse
- Children
- Parents
These family members can recover damages for their losses, including loss of companionship, guidance, and financial support. When no immediate family exists, more distant relatives may qualify under certain circumstances.
What Damages Can You Recover in a Wrongful Death Claim?
Wrongful death claims in Bergen County include both economic and non-economic damages. Economic damages cover measurable financial losses your family has suffered and will continue to face, including:
- Medical Expenses: Hospital bills, emergency treatment, and end-of-life care incurred before death
- Funeral and Burial Costs: Services, caskets, cemetery plots, and memorial expenses
- Lost Income: The deceased’s past and future earnings, including benefits and pension contributions
- Loss of Services: Household contributions, childcare, and other support the deceased provided
Non-economic damages address the profound personal impact of losing a family member. Courts recognize the value of companionship and protection that deceased individuals provided to their families. Our Bergen County attorneys record these losses in detail to pursue maximum compensation.
How Long Do You Have to File a Wrongful Death Claim in New Jersey?
New Jersey imposes a two-year statute of limitations for wrongful death claims, beginning from the date of death. This deadline is strictly enforced, and missing it typically bars your family from recovering any compensation. Certain exceptions exist for cases involving government entities or medical malpractice, which may have different filing requirements.
Starting your case early has many benefits. Evidence deteriorates over time. Witnesses might forget, and documents can be hard to find. Our team begins investigating immediately, gathering surveillance tapes, medical records, and expert testimony while the information remains fresh and accessible.
Key Factors That Impact Wrongful Death Claims in Bergen County
Successful wrongful death claims require proving four essential elements. First, we must establish that the defendant owed your loved one a duty of care. Drivers have duties to operate vehicles safely, doctors must provide competent medical care, and property owners must maintain safe premises.
Second, we demonstrate how the defendant breached this duty through negligence or wrongful conduct. This might involve showing a driver ran a red light, a doctor misdiagnosed a treatable condition, or an employer ignored safety regulations.
Third, we prove this breach directly caused your loved one’s death. Medical experts often testify about causation in cases involving healthcare providers or complex accidents. Finally, we document the damages your family has suffered as a result of this loss.
How Does New Jersey’s Modified Comparative Negligence Rule Work?
New Jersey follows a modified comparative negligence system that affects wrongful death claims. If your loved one shares some responsibility for the incident that caused their death, this percentage reduces your recovery. For example, if the court finds your family member 20 percent at fault and awards $1 million, your family receives $800,000.
If the deceased was 51 percent or more at fault, New Jersey law says you get nothing. Insurance companies often try to show higher fault to reduce your money. Our attorneys build strong cases to prove the defendant was mostly responsible for what happened.
According to the National Safety Council, preventable deaths remain a leading cause of fatalities across the United States, with thousands of families affected annually. Many of these deaths result from negligence that legal action can address.
Schedule a Free Consultation With a Bergen County Wrongful Death Attorney
Your family deserves justice and financial security after losing a loved one to negligence. Managing partner and wrongful death attorney, Jae E. Lee, has recovered millions in compensation for families throughout New Jersey over nearly three decades. As one of only 3 percent of New Jersey attorneys certified by the Supreme Court, she’s committed to helping her clients recover maximum compensation.
Our team takes a direct, proactive approach to wrongful death litigation. We investigate thoroughly, negotiate aggressively, and stand ready to take your case to trial when settlements fail to provide adequate compensation. Complete our contact form today to schedule a free case evaluation at our Fort Lee office and learn how we can help your family pursue the justice and financial recovery you deserve.
