Lakewood Wrongful Death Lawyer

Wrongful Death Recoveries

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What Do Lakewood Families Need to Know About Wrongful Death?

Losing a loved one is the most painful experience a family can endure. When that loss is sudden, unexpected, and the result of someone else’s carelessness, the grief is overwhelming. In a community like Lakewood, which is growing so quickly, the dangers from construction, traffic, and crowded spaces are very real.

For decades, the team at The Killino Firm has been standing with families across the country. We understand the unique character of cities like Lakewood, and we are here to help you navigate the legal system. Our job is to take the burden off your shoulders, find the truth, and fight for the justice your loved one deserves.

This is a guide for families in Lakewood, NJ. For a complete overview of the state’s laws, our main New Jersey wrongful death information guide is a great resource. You can find it here: https://www.killinofirm.com/wrongful-death-lawyer/new-jersey

Comprehensive Pennsylvania Wrongful Death Guide

Why Are Wrongful Death Claims in Lakewood So Unique?

Lakewood is one of the fastest-growing towns in the entire country. This rapid growth has created a unique and often dangerous mix of new construction, heavy traffic on old roads, and a large, diverse population that needs to be kept safe.

High-Density Dangers: Pedestrians and Buses - Wrongful Death Lawyer Lakewood NJ

Lakewood is a community where many people walk. The roads, however, were not always designed for this, leading to tragic results.

  • Pedestrian Fatalities: This is a critical issue in Lakewood. According to the National Highway Traffic Safety Administration (NHTSA), 202 pedestrians were killed in New Jersey in 2023. Ocean County is consistently a hotspot for these tragedies. A driver who is distracted, speeding on Route 9, or fails to yield to a person in a crosswalk must be held accountable. Many wrongful death claims arise when a fatality is caused by someone else’s negligence, such as a distracted or reckless driver. Pedestrian accidents are a leading cause of wrongful death claims in Lakewood.
  • Bus Accidents:With a large population that relies on public and private buses, the risk of a serious bus accident is high. These “common carrier” cases are complex. We have experience investigating bus driver negligence and a company’s failure to maintain its vehicles. Motor vehicle accidents, including those involving buses, are a significant source of wrongful death cases.

Bicycle accidents are also a concern in Lakewood and can result in serious injuries that may lead to fatal outcomes requiring legal action and wrongful death claims.

Accountability for pedestrian, bus, and bicycle accidents often depends on proving negligent actions as the basis for legal claims. Identifying the liable party—whether it is a driver, bus company, or another entity—is crucial in these types of accidents. 

Introduction to Wrongful Death

Wrongful death occurs when a person’s life is tragically cut short due to someone else’s negligence, recklessness, or intentional wrongdoing. In these heartbreaking situations, the law provides a way for surviving family members to seek justice and financial relief through a wrongful death lawsuit. In New Jersey, a wrongful death claim is typically brought by the executor or administrator of the deceased person’s estate, acting on behalf of the spouse, children, parents, or other dependents who have suffered loss. The primary goal of a wrongful death lawsuit is to hold the liable party accountable for their actions and to secure monetary compensation for the deceased person’s estate and loved ones. This compensation can help ease the financial burden and provide fair compensation for the emotional and economic losses experienced by surviving family members. 

Rapid Growth: Construction Site Accidents

You cannot drive through Lakewood without seeing a new construction site. With all this building comes a high risk of fatal accidents. Construction site fatalities are a type of workplace accidents that may give rise to wrongful death claims.

  • The “Fatal Four”: The Occupational Safety and Health Administration (OSHA) tracks the main causes of construction deaths. They are falls, being struck by an object, electrocution, and “caught-in/between.”
  • The “Third-Party” Lawsuit: This is very important. If your loved one was killed on a job site, your family may have two cases. The first is a workers’ comp claim. The second, and often larger, case is a “third-party” wrongful death lawsuit against a different company on the site (like a negligent subcontractor or a general contractor who ran an unsafe site) that caused the death. These lawsuits are based on the other party’s negligence, requiring evidence that another party’s negligence directly led to the fatal accident. Proving fault in construction-related wrongful death cases involves demonstrating the party’s negligence through evidence collection and witness testimony.

In addition to wrongful death claims, families may also have the right to pursue a personal injury claim if the deceased suffered injuries prior to death. 

Dangers in Crowded Spaces: Premises Liability

Lakewood’s rapid growth has led to a boom in shopping centers, plazas, and medical buildings. With this comes a high legal duty for property owners to keep their premises safe. When they fail, a simple trip to the store can turn tragic due to negligent actions that may lead to fatal outcomes.

  1. Fatal Falls: This is a tragically overlooked danger. A “slip and fall” on a wet supermarket floor, a poorly-marked step, or an icy sidewalk can be a “minor” accident for a 20-year-old, but for a 75-year-old, it can cause a broken hip or head injury. The CDC reports that falls are the leading cause of injury-related death for Americans aged 65 and older. If a store owner’s negligence caused that fall, they are responsible. In these cases, surviving family members may suffer emotional harm and, in some situations, severe emotional distress, both of which can be considered in legal claims.
  2. A “Secret” Stat About Parking Lots: A danger few people think about is in the parking lot. The National Safety Council reports that tens of thousands of crashes happen in parking lots and garages every year, causing hundreds of deaths. This isn’t just “fender benders.” It’s often due to a property owner’s negligence, such as:
    •   Poor lighting that hides a pedestrian or provides a cover for a criminal assault.
    •   Badly designed traffic flow with no stop signs or safe crosswalks.
    •   Failure to fix potholes or broken curbs that can cause a person to fall.
    •   Failure to provide adequate security in a known high-crime area.

How Does the Legal Process Work for a Lakewood Family?

You are not expected to understand the law while you are grieving. Our team is here to handle every step. Here is a simple overview of what to expect.

Understanding Wrongful Death Cases

Wrongful death cases can arise from a wide range of tragic events, including motor vehicle accidents, medical malpractice, workplace accidents, and incidents involving premises liability. In each of these situations, the core issue is whether the victim’s death was caused by another party’s negligence or wrongful acts. To succeed in a wrongful death claim, the plaintiff must demonstrate that the defendant’s actions directly led to the loss of their loved one, resulting in both financial losses and emotional harm for the surviving family members. These cases can be complex, often requiring thorough investigation and expert testimony. An experienced wrongful death attorney is essential in navigating the legal process, gathering evidence, and ensuring that the family receives the maximum compensation they are entitled to under the law. Whether the case involves a car accident, medical malpractice, or a workplace tragedy, having our knowledgeable advocates can make all the difference in achieving justice and closure.

New Jersey Wrongful Death Laws

New Jersey has specific statutes that govern wrongful death claims, designed to protect the rights of families who have lost a loved one due to another’s negligence. Under New Jersey law, the executor or administrator of the deceased person’s estate is responsible for filing a wrongful death claim on behalf of the surviving family members. The law sets a strict two-year statute of limitations from the date of the deceased person’s death, making it crucial to act promptly. If the responsible party for the death is a public entity (e.g., a county road department, NJ Transit, or a state hospital), the New Jersey Tort Claims Act dictates a much stricter legal process.

Damages that may be recovered in a New Jersey wrongful death case include medical expenses incurred prior to death, funeral costs, lost wages, and compensation for emotional harm suffered by the family. Our skilled Jersey wrongful death lawyers can guide families through the legal process, ensuring that all necessary steps are taken to protect their rights and secure the compensation they deserve for their loss.

Proving Liability

Establishing liability is a critical step in any wrongful death case. To hold the responsible party accountable, the plaintiff must show that the defendant owed a duty of care to the victim, breached that duty through negligent or wrongful actions, and that this breach directly caused the victim’s death. Proving these elements often requires a detailed investigation, collection of evidence, and expert analysis. Our experienced personal injury attorneys can help build a compelling case by gathering witness statements, accident reports, and other crucial documentation. By demonstrating the connection between the defendant’s actions and the loss suffered by the surviving family members, our personal injury lawyers can help secure fair compensation and justice for those left behind.

The Wrongful Death Process

The process of pursuing a wrongful death claim typically begins with a free consultation with our knowledgeable wrongful death lawyers. During this initial meeting, the attorneys will listen to the family’s story, assess the circumstances, and explain the available legal options. If the family chooses to move forward, the lawyer will handle every aspect of the legal process, from filing the complaint and conducting discovery to negotiating with the insurance company and, if necessary, taking the case to trial. Throughout each stage, the wrongful death lawyer’s goal is to relieve the burden on the surviving family members and fight for the maximum compensation possible. By managing communications with all parties involved and advocating for the family’s best interests, the attorney allows the family to focus on healing while ensuring their rights are fully protected.

Accidental Death and Survival Claims

Accidental death and survival claims are two distinct but closely related legal actions that can arise after a tragic loss. In New Jersey, an accidental death claim is typically brought by the personal representative of the deceased person’s estate on behalf of surviving family members. This type of wrongful death claim seeks to recover damages for the financial and emotional impact of the victim’s death, including lost income, loss of companionship, and funeral expenses.

A survival claim, on the other hand, is filed by the estate itself and focuses on the damages the deceased person suffered before passing away. This can include compensation for pain and suffering, medical expenses, and other losses incurred between the time of injury and death. Survival claims are especially important in wrongful death cases involving medical negligence or medical malpractice, where the victim may have endured significant suffering or accrued substantial medical bills prior to their passing.

Navigating accidental death and survival claims requires a deep understanding of New Jersey law and the ability to prove negligence or wrongful acts. Our experienced  New Jersey wrongful death lawyers can guide families through the legal process, ensuring that all potential avenues for fair compensation are explored. During the legal process, attorneys gather evidence such as medical records, police reports, and witness statements to build a strong case. Whether the case involves medical malpractice, a car accident, or another form of negligence, having our knowledgeable wrongful death lawyers on your side is essential to recover damages and secure justice for your loved one.

The Unforgiving Deadlines in New Jersey Wrongful Death Law

You must be aware of two separate, strict deadlines that apply to wrongful death cases in New Jersey:

The General Rule: Two Years to File Lawsuit

For deaths caused by private individuals or companies, the Statute of Limitations requires you to file a lawsuit under New Jersey state law within two years from the date of your loved one’s death. This deadline is absolutely unforgiving: if you miss it, your right to seek justice and compensation could be lost forever, regardless of how strong your evidence may be.

The Critical 90-Day Rule Against Public Entities

If the fatality was caused by a public entity or government agency (such as a state hospital, a municipal police force, a county road department, or NJ Transit), the law is drastically stricter under the New Jersey Tort Claims Act. You do not get the full two years to start. Instead:

  • You must first file a formal Notice of Claim with the responsible public entity within 90 days of the death.

Missing this extremely short 90-day window can be an absolute and permanent bar to recovery against the government. If your case involves any public employee or agency, contacting an attorney immediately is the single most important step you can take.

Who Files the Lawsuit? (The “Personal Representative” of the Deceased Person’s Estate)

In New Jersey, a wrongful death lawsuit is filed on behalf of the deceased person’s estate. The law says a family member cannot file the case directly. Instead, a “Personal Representative” must do it. From the date your loved one passed away, after his or her death, the statute of limitations begins to run. This claim is made for the benefit of the victim’s family, including the victim’s spouse, children, or parents. Damages are awarded to the decedent’s survivors, which may include the victim’s spouse, children, parents, or other dependents who were financially reliant on the deceased. Compensation from a wrongful death claim is not part of the victim’s estate and is awarded directly to the heirs. The Personal Representative, who acts on behalf of the deceased victim and the deceased person’s estate, is the “executor” named in your loved one’s will. If there was no will, it is not a problem. Our team will go with you to the Ocean County Surrogate’s Court (in Toms River) to have the court appoint a close family member as the “administrator.”

What Can a Wrongful Death Claim Recover?

We know that no amount of money can replace your loved one. A lawsuit is about getting justice and providing financial stability for your family’s future, as well as securing financial compensation for your losses. The law allows a family to recover “pecuniary” (financial) losses, and families can recover monetary damages for a range of losses suffered due to the wrongful death. This includes lost wages, the value of lost companionship, guidance, and services, as well as funeral costs and burial expenses. In some cases, punitive damages may also be awarded if the defendant’s conduct was especially egregious or reckless—these are intended to punish wrongdoers and deter similar behavior, and are distinct from compensatory damages. The damages recovered are intended to compensate the victim’s family for the losses suffered as a result of the victim’s death. Our wrongful death attorneys can help negotiate a fair settlement to ensure the victim’s family receives appropriate compensation for their losses. The damages recovered are typically awarded to the decedent’s survivors, such as family members or dependents who have suffered losses due to the death. It is a separate claim from a “Survival Action.” For a full breakdown of these two claims, you can read more about this law on our main New Jersey wrongful death guide.

Key Takeaways for Lakewood Families

  • The Clock is Ticking: You have two years from the date of death to file a claim.  Fatalities linked to government agencies, such as NJ Transit or a state hospital, fall under the far stricter rules of the New Jersey Tort Claims Act.
  • Pedestrian Cases are Strong: Lakewood is a pedestrian community. Drivers have a high duty of care.
  • Construction Accidents are Complex: You may have a “third-party” claim against a negligent contractor.
  • You Need a Representative: A lawsuit must be filed by the court-appointed “Personal Representative.”
  • The Consultation is Free: Our team works on a contingency fee. You pay us nothing unless and until we win your case.

Seeking Legal Representation

If you have lost a loved one due to someone else’s negligence, seeking legal representation from our experienced wrongful death attorneys is one of the most important steps you can take. A skilled personal injury lawyer who focuses on wrongful death cases will help you understand your legal rights, explain your options, and handle the complexities of filing a wrongful death claim in New Jersey. Our experienced personal injury lawyers bring valuable expertise in handling complex wrongful death and accident cases, increasing your chances of securing compensation and justice.

Our Wrongful death lawyers in New Jersey typically work on a contingency fee basis, meaning you pay nothing up front and only owe legal fees if your case is successful. This allows families to pursue justice and compensation without the burden of additional financial stress during an already difficult time. When choosing a law firm, look for a team with a proven track record in wrongful death cases, deep knowledge of wrongful death law, and a commitment to compassionate, effective legal representation. The Killino team of wrongful death lawyers provides compassionate support and is dedicated to pursuing maximum damages for families who have lost loved ones due to negligence.

Our legal team will not only fight for your family’s rights but also provide the support and guidance you need throughout the legal process. Whether your case involves medical negligence, a workplace accident, or another tragic event, our experienced wrongful death attorneys can help you seek the fair compensation you deserve.

Free Case Evaluation and Review

Before moving forward with a wrongful death lawsuit, it is crucial to take advantage of a free case evaluation and review with our qualified wrongful death lawyers. During this initial consultation, the attorney will listen to your story, review the facts of your case, and explain the legal process in clear, understandable terms. A lawyer should explain their case strategy, including plans for evidence gathering and expert use. This is your opportunity to ask questions about the strengths and challenges of your wrongful death claim, as well as the potential for recovering monetary compensation.

A free case review also allows you to learn more about our experience with wrongful death cases, our approach to proving negligence, and our history of securing fair compensation for clients.

By taking advantage of a free case review, you can gain valuable insight into your legal options and ensure you have the right team in your corner to pursue justice and recover damages for your loss.

Conclusion and Next Steps

The unexpected death of a loved one due to someone else’s negligence is a life-altering event, but you do not have to face the aftermath alone. Understanding your rights under New Jersey wrongful death law, seeking guidance from our experienced wrongful death attorneys, and taking advantage of a free consultation are critical first steps toward justice and fair compensation.

Our knowledgeable Jersey wrongful death lawyers will help you navigate the legal process, advocate for your family’s interests, and work tirelessly to secure the monetary compensation you need to move forward. Look for a law firm with a strong record in wrongful death cases, and don’t hesitate to ask about their experience, approach, and results.

If you are ready to seek justice for your loved one, contact our wrongful death lawyers today for a free consultation. With the right legal representation, you can pursue a wrongful death claim with confidence and take meaningful steps toward healing and financial security for your family.

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7 Common Questions We Hear from Lakewood Families

No. A driver is responsible for being able to see. If the sun is in their eyes, they are responsible for slowing down, pulling over, or using their visor. It is not an excuse for killing someone. We would investigate whether they were also speeding, distracted or otherwise negligent.

There is almost no such thing as a “tragic accident.” It is almost always a “preventable accident.” Our team would immediately investigate to find the cause. Did a piece of equipment fail? Did a driver violate a safety rule? Was there poor training? The company’s story is never the real story.

This is very common. The death certificate is not the final word. We would get the complete nursing home records and medical charts and have them reviewed by a medical expert. We look for signs of neglect: untreated bedsores, sudden weight loss, repeated falls, or medication errors. If we find neglect, we can file a claim.

In a bus crash case, there are many possibilities. It could be the bus driver, the bus company (for bad training or maintenance), or the driver of another car. Our job is to investigate all of them. We would immediately send a letter to preserve the bus’s “black box” data and any video.

Yes. This is very common. Our team will guide you through the simple process at the Ocean County Surrogate’s Court in Toms River to have a close family member (like a spouse or adult child) appointed as the “administrator” of the estate.

Most of our cases (over 90%) are settled before going to a full trial. Settlement negotiations or mediation are commonly used to resolve wrongful death cases before going to trial. We prepare every single case as if it is going to trial. This is how we get the best settlement offers from the insurance companies. They know we are ready and willing to fight.

It costs nothing to start. Our team at The Killino Firm works on a contingency fee. We pay for all the upfront costs. We only get paid if we win a financial recovery for your family. The consultation is always free.

NO COST, NO OBLIGATION,
CONFIDENTIAL CONSULTATION.

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