Wrongeful Death

When a victim is killed through an intentional or negligent act by another, survivors of the victim may bring an action alleging wrongful death against the wrongdoer.   In these cases, the victim is referred to as the decedent.  Survivors of the decedent include the heirs and dependents of a person killed in a wrongful death.  In such actions, the survivors of the decedent can seek compensation from the at-fault party for their actual financial losses, both past and future, as a result of the decedent’s death.  While compensation cannot replace the life of a loved one, it can and does help families carry on with their lives without experiencing a drastic change in their quality of life after an unexpected loss.

Wrongful deaths can occur through a variety of different situations including, but not limited to, car accidents, motorcycle accidents, truck accidents, pedestrian accidents, lack of security in preventing a violent crime, workplace accidents and police brutality.   Similarly, wrongful deaths lead to a variety of unexpected expenses for survivors.   Unpaid medical bills, funeral expenses and common living expenses can quickly accumulate for families that experience the sudden loss of a loved one.

Our Firm recognizes the importance of recovering maximum compensation for survivors of victims killed through a wrongful death.  These cases are geared towards recovering compensation for families forced endure the stresses of life without the financial support they are accustomed to receiving from the decedent.

Schiller McMahon’s wrongful death attorneys take an advanced approach in personally conducting a comprehensive investigation necessary to achieve limitless success on a case-by-case basis.  These cases are built from the ground up in preparation for trial.  Our attorneys are trial ready, backed with significant trial experience, which often times leads to a favorable settlement offer prior to trial.

Survivors of wrongful death victims in New Jersey can recover financial losses, which include the actual money that the decedent would have earned and contributed to his/her survivors during his/her lifetime, with a focus towards potential future earning and life expectancy of the decedent.  In addition, survivors may recover compensation equal to the reasonable value of the services, assistance, care, training, guidance, advise, counsel and companionship that the survivors would have received from the decent if they had lived.  On the other hand, pain and suffering of a victim is not recoverable, nor is the emotional distress or anguish of the survivors.

Time is of the essence in these actions, as key evidence is often lost or destroyed if it is not secured quickly and properly.  In New Jersey, the statute of limitations to file an action for wrongful death can be as little as 90 days.  If a claim is not filed within the required time frame, a lawsuit alleging wrongful death will be precluded from being filed.

If you or someone you know is the survivor of a victim killed in a wrongful death in New Jersey, contact Schiller McMahon today.  We offer free, initial consultations to discuss the particular facts of your case.