Fatal accidents on New Jersey highways devastate families and leave survivors grappling with overwhelming grief while facing financial hardships from medical expenses, funeral costs, and lost income. When these tragic crashes result from another driver’s negligence, reckless driving, or dangerous road conditions, surviving family members may have legal rights to pursue compensation through wrongful death claims. These cases provide a path toward financial recovery while holding responsible parties accountable for their actions.
At Mandelbaum Barrett PC, our personal injury attorneys understand the profound loss that families experience after fatal highway accidents and the complex legal challenges they face during this difficult time. We have decades of experience handling wrongful death claims throughout New Jersey, providing compassionate guidance while aggressively pursuing maximum compensation for our clients’ losses.
What Constitutes a Wrongful Death Claim in New Jersey
Under New Jersey law, a wrongful death claim can be filed when someone dies due to another party’s negligence, recklessness, or intentional wrongdoing. In highway accident cases, wrongful death claims typically arise when drivers fail to exercise reasonable care, violate traffic laws, or operate vehicles while impaired or distracted.
Common factors that lead to wrongful death claims after highway accidents include drunk driving, excessive speeding, distracted driving, including cell phone use, and aggressive driving behaviors like tailgating or improper lane changes. Additionally, claims may arise from truck driver violations of federal safety regulations, defective vehicle parts that contribute to crashes, or dangerous road conditions that authorities failed to address.
The key element in wrongful death cases is proving that the defendant’s negligent actions directly caused the fatal accident. This requires thorough investigation and evidence gathering to establish liability and demonstrate how the death could have been prevented through reasonable care.
Who Can File Wrongful Death Claims in New Jersey
New Jersey’s Wrongful Death Act specifies who has the legal standing to file wrongful death claims after fatal highway accidents. The personal representative of the deceased person’s estate typically files the lawsuit on behalf of eligible beneficiaries.
Eligible beneficiaries include surviving spouses, children, and parents of unmarried victims. In some cases, other family members who were financially dependent on the deceased may also have rights to compensation. The law prioritizes immediate family members who suffered the greatest emotional and financial impact from the loss.
Our attorneys help families understand their rights under New Jersey law and ensure all eligible beneficiaries are properly represented in wrongful death claims. We also assist with the appointment of personal representatives when necessary and coordinate with estate attorneys to protect all family interests.
Types of Damages Available in Highway Wrongful Death Cases
Wrongful death claims can recover various types of damages that compensate families for their losses and the impact of losing their loved one. These damages recognize both the financial and emotional consequences of fatal highway accidents.
Economic damages may include medical expenses incurred before death, funeral and burial costs, lost income and benefits the deceased would have earned, and loss of household services the deceased provided. Non-economic damages can include loss of companionship, guidance, and emotional support, as well as the pain and suffering experienced before death in cases where the victim survived for some time after the accident.
The specific damages available depend on factors including the deceased person’s age, health, earning capacity, and relationship with surviving family members. Our attorneys work with economists and other professionals to calculate the full extent of economic losses and ensure that families receive fair compensation for their intangible losses as well.
Challenges in Highway Wrongful Death Cases
Fatal highway accidents often involve complex liability issues that require thorough investigation and analysis. High-speed crashes may involve multiple vehicles, making it challenging to determine the sequence of events and identify all responsible parties.
Commercial truck accidents present additional complexities involving federal regulations, driver qualification requirements, and corporate liability issues. Vehicle defect cases require extensive technical analysis to prove that mechanical failures contributed to fatal crashes.
Insurance coverage disputes frequently arise in wrongful death cases, particularly when multiple policies are involved or when coverage limits are insufficient to fully compensate families for their losses. Our attorneys have extensive experience navigating these challenges and work with accident reconstruction professionals and other specialists to build strong cases for our clients.
Contact Mandelbaum Barrett PC Today
Losing a family member in a highway accident is devastating, but you don’t have to face the legal challenges alone. Wrongful death claims can provide financial security for surviving family members while holding negligent parties accountable for their actions.With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. We have successfully represented families in wrongful death cases throughout New Jersey, securing significant settlements and verdicts for our clients. Contact Mandelbaum Barrett PC today at (973) 585-5100 or through our contact form for your free consultation to discuss your wrongful death claim.