Have you suffered the loss of a close family member due to a fatal accident in Freehold, New Jersey? Contact Clark & Noonan, LLC. You may have the right to seek compensation for your financial losses and the suffering you’ve endured. Our experienced Freehold wrongful death lawyers can help you maximize your recovery.
Since 2007, Clark & Noonan, LLC has been a source of strength and support for families in Freehold and throughout Monmouth County grieving unimaginable losses. Collectively, our award-winning New Jersey litigators have over 40 years of combined experience. We fight to make a difference in the lives of the families we represent, and our results are a testament to that.
We’ve won millions for our clients. Now, we’re ready to help you get financial justice for your tragic loss, too. Call our law office in Freehold, NJ, at (732) 303 7857 or contact us online to arrange a time for your free consultation today.
How Clark & Noonan, LLC Can Help With a Wrongful Death Case in Freehold, NJ
What caused your loved one’s fatal accident? Who’s to blame? What evidence will you need to make your case and recover the compensation your family deserves? What can you do if the insurance company tries to blame your loved one for their death? How can you know if a settlement offer you get is fair?
You don’t have to figure out the answers to these important questions on your own. In fact, you should be focusing on yourself and your family right now, not a contested legal claim for damages. That’s where our Freehold personal injury lawyers can help.
When you choose Clark & Noonan, LLC, you benefit from the legal advocacy of a New Jersey Supreme Court Certified Trial Lawyer and a team with more than four decades of combined experience handling complex cases like yours.
You also get passionate, trustworthy advocates you can lean on during one of the most difficult times in your life.
Count on us to handle all aspects of your wrongful death case as we:
- Launch a prompt and thorough investigation into the details of your family member’s fatal accident
- Carefully analyze medical records, the autopsy report, photographs, video footage, accident reports, witness statements, physical evidence from the scene, and other evidence related to your case
- Consult knowledgeable experts and specialists who can provide critical insight into your case, especially during the valuation process
- Represent you during all negotiations with the at-fault party and/or insurance company
- Bring your wrongful death lawsuit to court if the defense refuses to negotiate fairly or extend a reasonable settlement offer
You never have to worry about the cost of asking for help when you enlist our help. Our wrongful death attorneys in Freehold work on contingency. We only get paid if we win your case. No exceptions.
Learn more about your rights and how we can help to make a difference in your life by calling our Freehold law office today. Your first consultation is free.
How Does New Jersey Define Wrongful Death?
Wrongful death, as defined in N.J. Stat. § 2A:31-1, occurs when:
- A person’s death is caused by another person’s wrongful act, neglect or default, AND
- That person would have been able to file a personal injury lawsuit if they’d survived.
Under New Jersey law, the right to file a lawsuit simply shifts from the victim to another party.
Who Can File a Wrongful Death Lawsuit in New Jersey?
In New Jersey, only the personal representative of the victim’s estate has the right to file a wrongful death lawsuit.
The personal representative is typically named in the victim’s will. This is usually a spouse, child, another close family member, or a family friend. If the victim died intestate – without a will – the court has the power to appoint a personal representative.
Damages recovered by the personal representative are awarded to the estate for the benefit of surviving beneficiaries.
Awards are allocated as follows:
- Spouse as only surviving beneficiary: Spouse receives 100 percent of the award.
- Spouse and children as surviving beneficiaries: Spouse receives the first $50,000 plus half of the remaining award, and the rest of the award is shared equally by the children.
- Spouse and parents as surviving beneficiaries: Spouse receives the first $50,000 plus half of the remaining award, and the parents share the remaining sum equally.
- Parents as only surviving beneficiaries: Parents share the award equally.
When only siblings survive, state law provides that they are to share the damages awarded in a wrongful death lawsuit equally.
What Are the Leading Causes of Wrongful Death in Freehold?
While any act of violence or careless mistake can potentially be fatal, the most common causes of wrongful death in Freehold, NJ, include:
- Car accidents
- Truck accidents
- Uber and Lyft accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Matters of premises liability
- Defective products
- Medical malpractice
- Birth injury
- Nursing home abuse and neglect
Experience matters when you’re fighting for justice in a wrongful death lawsuit. At Clark & Noonan, LLC, we have over 40 years of combined experience and an unparalleled depth of knowledge of the laws and procedures that will impact your case. Put our experience to work for you.
Call our Freehold law office to discuss the details of your case with our team today.
How Much Is My Freehold Wrongful Death Case Worth?
It’s hard to say. There is no standard payout or settlement for wrongful death cases in New Jersey. Rather, the specific facts and details of your situation will ultimately dictate how much money you might be able to recover in a settlement or jury verdict.
Many factors will be relevant during the valuation process:
- How old was the victim at the time of the death?
- What was the victim’s projected life expectancy before their fatal accident?
- How did the victim support or contribute to their family?
- What did the victim’s career path and trajectory look like?
- Did the victim survive their fatal wounds for any period of time before death?
- What out-of-pocket costs did the family have?
- Did the victim’s own negligence contribute to their fatal accident?
The best way to ensure that your case is valued properly and that you’re positioned to recover a meaningful settlement is by turning to a trusted wrongful death attorney near you in Freehold.
Clark & Noonan, LLC has the experience, knowledge, and resources needed to get you the results you deserve. We’ve helped our clients win millions in life-changing monetary awards. Call us so that we can help you, too.
What Damages Can Be Awarded in a New Jersey Wrongful Death Case?
Wrongful death lawsuits are different from other types of personal injury lawsuits in many ways. One of those differences involves the types of damages that can be awarded.
Remember, the purpose of a wrongful death lawsuit is to compensate the victim’s family after a fatal accident. So, the types of damages that can be awarded are designed to address the family’s losses.
Specifically, New Jersey allows families to seek pecuniary – or economic – damages. These are intended to offset the verifiable (and projected) financial losses the family will experience because of their loved one’s death.
Recoverable damages include:
- Funeral and burial expenses
- Medical bills incurred prior to the victim’s death
- Loss of financial support, including wages, income, and benefits
- Loss of household services
- Loss of companionship, guidance, and counsel
New Jersey does not typically allow plaintiffs to recover non-economic damages for things like pain and suffering or emotional distress.
In a limited number of cases where a jury can find compelling evidence of intentional misconduct or a reckless disregard for safety, punitive damages may also be awarded.
Can Shared Fault Hurt the Value of My Freehold Wrongful Death Settlement?
Yes. New Jersey’s modified comparative negligence statute applies to wrongful death litigation. Under the law, a victim’s shared responsibility will directly impact their ability to recover compensation. In a wrongful death case, a victim’s shared responsibility adversely affects their family’s recovery in a related wrongful death action.
New Jersey has a 51 percent bar to recovery, which provides:
- You cannot recover compensation if your family member was primarily responsible for their fatal accident.
- You can recover a reduced monetary award if your family member’s share of the blame is equal to or less than 50 percent.
Let’s say your family member was killed in a fatal car accident in Freehold. They’re assigned 25 percent fault for the crash because they were distracted. When you file a wrongful death case, your financial recovery will be subject to a 25 percent reduction. So, if your case is valued at $100,000, your settlement will be limited to $75,000.
Expect the defense and insurance company to point fingers and shift blame. After all, the less liability they share, the less they’ll have to pay when your case is resolved. Our wrongful death lawyers in Freehold can help you fight back against these tactics. We’ll dig deep to uncover evidence that clears your loved one’s good name and limits how effective these victim-blaming strategies can be.
Is There a Time Limit For Filing a Wrongful Death Lawsuit in New Jersey?
New Jersey has a two-year statute of limitations for wrongful death litigation.
You’ll have two years from the date of your family member’s death to formally take legal action against a negligent or otherwise liable party.
Don’t let the deadline expire. Once time runs out, you’ll no longer have the opportunity to assert your rights and demand the financial accountability you deserve.
Schedule a Free Consultation With an Experienced Freehold Wrongful Death Lawyer
Don’t settle for less than you deserve. Show the defense that you’re serious about getting justice and maximizing your financial recovery by calling Clark & Noonan, LLC. Our Freehold wrongful death attorneys are prepared to be your most passionate advocate and support you during this trying time.
We serve clients in Freehold and surrounding towns in Monmouth County, New Jersey. Give us a call to arrange a time to discuss your case and discover the benefits of working with our top-rated team. Your first consultation is free.