Wrongful death is the most serious of all personal injury cases and standing to file a legal action can extend to the immediate family as well as the estate of the decedent. The claim name is survival action for the decedent, and all financial proceeds are considered property of the decedent. The actual wrongful death filing is the property of the family and is not subject to the probate claim process. Wrongful death actions do not include the typical personal injury claim elements and standing to sue can be assigned to the closest of kin when there is no apparent immediate family with first consideration for standing assignment. Wrongful death cases can be very complicated and strongly defended, especially when there is a corporate interest as the negligent respondent, and claims always require the expertise of a New Jersey wrongful death law firm like Gruber Schwartz & Posnock that has handled wrongful death legal actions previously.

Standing to Sue

Since wrongful death actions are brought by the family, the court must determine who will represent the unit. Those with typical standing include spouses firstly and then children, including children from previous relationships. This situation alone can complicate a case. If the decedent is single, dependent children become first in line for legal standing to file a claim. Minor dependent children can be represented by a parent or grandparent, but the damages are property of the dependent children or any other party who depended on the decedent for financial support.

Damages

Damages received from a wrongful death lawsuit are different from a personal injury case with respect to claimable elements. Punitive damages can also be awarded when a sympathetic jury decides the defendant acted with gross negligence in causing the death. Of course, this requires a full trial, and having experienced wrongful death lawyers in NJ handling the case is vital for a substantial punitive award. Compensatory damages that can also be awarded include financial recovery for:

• Loss of consortium
• Loss of financial support
• Loss of future relationship
• Mental anguish

Contact a New Jersey Wrongful Death Law Firm

New Jersey residents who may have a wrongful death claim should consult with Gruber Schwartz & Posnock wrongful death lawyers in NJ for comprehensive representation.