I will fight tirelessly for every
client as if they were my only client.
client as if they were my only client.
New Jersey Wrongful Death Lawyer
Tara Breslow-Testa and Associates helps grieving family members hold government officials and other parties accountable for causing serious injuries or death. Call (732) 784-2880 or contact us online to discuss your legal options if your loved one was killed in prison. Below, we answer important questions regarding wrongful death cases in New Jersey.
Information Center
- How Does A Wrongful Death Lawsuit Work In New Jersey?
- Who Files A New Jersey Wrongful Death Lawsuit?
- What Compensation Can I Receive In A New Jersey Wrongful Death Claim?
- Which Family Members Receive Compensation?
- What Evidence Do I Need For A New Jersey Wrongful Death Case?
- Will This Case Go To Trial?
- Can I Bring A Wrongful Death Lawsuit If My Loved One Was Killed While Awaiting Trial?
- Seasoned New Jersey Prisoner Wrongful Death Lawyer
How Does A Wrongful Death Lawsuit Work In New Jersey?
A wrongful death lawsuit is a civil lawsuit for monetary compensation only. If you win your case, the defendant doesn’t get sentenced to prison. Instead, the defendant pays you money.
Some wrongful deaths also qualify as crimes. That would be true of a violent attack that killed your loved one in prison. However, it is up to the government to decide whether to bring criminal charges for the death. Our law firm can help family members with the civil wrongful death lawsuit.
Who Files A New Jersey Wrongful Death Lawsuit?
Generally, the personal representative of your loved one’s estate will file the lawsuit. If they had a will, the representative should be named in it. If your loved one didn’t have a will (which is a common situation), the probate court will name someone.
Concerned family members should quickly reach out to an attorney. Our law office can analyze who should file and the deadline.
What Compensation Can I Receive In A New Jersey Wrongful Death Claim?
A New Jersey wrongful death lawsuit provides compensation to try and make up for certain losses you suffer. For example, you might qualify for damages for:
- Lost care, companionship, or guidance
- The value of services provided, such as cooking, cleaning, childrearing, etc.
- Lost financial support
- Medical expenses to treat your loved one’s injuries or illness
- Funeral and burial expenses
Which Family Members Receive Compensation?
Compensation is usually distributed according to your relationship to your loved one who died:
- First, the surviving spouse and descendants (children or grandchildren)
- Second, surviving parents
- Third, any siblings or nieces/nephews
If your loved one is survived by a spouse and minor children, they will receive most, if not all, of the money from the lawsuit. However, if your loved one was unmarried, then their parents might receive compensation. Consult attorney Breslow-Testa to discuss possible compensation.
What Evidence Do I Need For A New Jersey Wrongful Death Case?
The evidence depends on the circumstances surrounding your loved one’s death. Of course, you probably don’t have a lot of evidence at your fingertips. That’s okay. The evidence is probably at the jail, prison, or hospital where your loved one was treated before passing.
We can use the following evidence in a wrongful death case:
- Eyewitness testimony from those who saw the accident or attack.
- Testimony from doctors and other medical providers who treated your loved one’s serious medical needs.
- Medical records showing your loved one’s injuries that led to death.
Each case is different. Some require extensive investigation to uncover what really happened.
Will This Case Go To Trial?
It’s possible. Sometimes, we can negotiate a settlement with the defendants. In other cases, though, we must go to trial when there are major disputes about the facts of the case.
Some of our clients are worried about having to testify. Sometimes, you might need to testify if you observed the attack or if your loved one had a mental health condition. This evidence is often critical in cases. We always discuss possible testimony with our clients. We want you to be prepared to testify in court.
Can I Bring A Wrongful Death Lawsuit If My Loved One Was Killed While Awaiting Trial?
Yes, it’s possible. The analysis is likely the same. Of course, the law we use might differ, depending on the circumstances. But we can bring a wrongful death case for anyone killed while in jail or prison. Never assume you don’t have a case.
Seasoned New Jersey Prisoner Wrongful Death Lawyer
This is a difficult time. So many questions might be swirling in your head about your loved one’s death. Fortunately, Tara Breslow-Testa is available to answer any questions you have.
Please contact Tara Breslow-Testa and Associates today. Our firm has spent more than a decade representing criminal defendants. We can demand accountability when your loved one is attacked or denied medical care. To learn more, call (732) 784-2880 or send us an online message for a free consultation.