Wrongful death attorney in Marlton

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✓ 98% Success Rate - Attorneys with a track record that shows they personally care about every case and go the extra mile every time.

✓ No upfront costs - we front all of the legal fees and get paid on performance. In fact, we don't get paid unless you win.

✓ We are local and we KNOW Pennsylvania's system - Just because a firm gets a license to practice law here and buy up a bunch of bill boards around town doesn't mean that they have real experience fighting cases in NJ's legal system every day. We are a Marlton based firm with attorneys that focus on New Jersey injury cases. We eat, drink and breath this every day.

✓ We are not intimidated by litigation - We do not allow insurance carriers to strong arm, intimidate or stagnate claims. We will not hesitate to take them to court to fight for you when needed. 

✓ No shortcuts - we go the extra mile to make sure that you get the highest compensation possible rather than settling right away as many injury firms do.

 We focus on you, not on getting the most cases in town like the guys on the billboards.

✓ Proprietary methods of case management for your very best client experience and ensure greater odds of success compared to high volume, low-touch firms.

✓ Talk directly to your attorney instead of getting passed off on case managers (if you've ever been through a car accident case, you'll know how valuable this is).

✓ We're consistently rated 5 stars by clients and have over 450 5-star reviews for a reason.

✓ No cost consultations - we'll help you find out if you have a case. If you don't, we'll help point you in the right direction. Win-win.

✓ We get results without compromising service - It's not easy to find a firm that provides our brand of one-on-one service but which has the resources to get results that smaller practices may not be able to.

The loss of a loved one is always tragic, but it can be even more traumatic if someone else’s reckless behavior caused the death. If you have lost a family member due to someone else’s negligence, you might be entitled to recovery. Although nothing can replace such a loss, a Marlton wrongful death lawyer could help the family potentially receive financial compensation.

You may be confused and angry after a death that might have been preventable. Our team of compassionate Marlton, NJ injury attorneys understands what constitutes a wrongful death and how to assert your family’s right to damages for the loss.

Defining and Proving “Wrongful Death”

Under New Jersey law, the spouse, children, or parents of a decedent may bring a court action for the death of an individual caused by the violence or negligence of someone else. If the decedent had a Will, the executor or personal representative could file the lawsuit on behalf of the estate. If there was no Will, a court could appoint a representative to bring the action. There are different kinds of lawsuits available to families if someone dies as a result of negligence.

Survival Claim

A survival claim is slightly different than a wrongful death action. In a survival claim, the decedent’s personal representative can bring an action on that person’s behalf. In some survival actions, the estate may recover compensation for the deceased’s pain and suffering. An estate has two years from the date of injury or the triggering event to file a survival claim. In a wrongful death action, the estate has two years from the date of death.

Wrongful Death Action

Wrongful death lawsuits reflect the losses of family members. For example, a person might have been the sole financial support of a family, and when they die, that family could be entitled to future relief. A wrongful death attorney in Marlton could assess a claim and advocate for appropriate compensation.

Economic damages in a wrongful death case can include many things. The law allows family members to recover medical, funeral, burial, and estate expenses along with economic damages as a result of the loss. A jury will consider the monetary value the decedent brought to the family as well as a loss of companionship, services, and guidance.

How Could Intestate Laws Impact Wrongful Death Recovery?

While the surviving family members could legally have the standing to pursue a wrongful death claim, there is a priority order if more than one qualifying family member is alive and available to file suit. In other words, any party with grounds to recover for wrongful death can only recover what they would have gotten based on state intestacy laws, which generally govern how a deceased person’s estate is divided if they pass away without a will.

For example, if a decedent has a surviving spouse and parent(s) but no surviving children, only their spouse would be able to recover compensation through a wrongful death claim, in accordance with intestate succession laws. However, if a decedent has both a surviving spouse and surviving children, recovery would generally be split evenly between the decedent’s spouse and all the decedent’s children collectively.

Cases of Wrongful Death

Negligence is the failure to meet the standard of care of a reasonable person would under the same circumstances. For instance, if a driver is intoxicated or texting and causes an accident, they would likely be held responsible for any injuries or death resulting from their recklessness. Negligence can also include a person’s failure to do something. Death can occur, for example, if a doctor fails to prescribe the right medication or does not diagnose a disease.

There are many scenarios where death results from another’s negligence or intentionally wrongful act. The most common wrongful death actions involve motor vehicle accidents with cars, trucks, or bikes, for instance. An unlawful death may also occur because of a defective product, explosion, or fall due to an unsafe condition. These unexpected deaths may happen in homes, hotels, trains, or even in the wilderness. In each scenario, an attorney familiar with the wrongful death law in Marlton could assess potential negligence and damages.

If the tragedy involves violence, such as a shooting or even a fight that results in death, the family might bring a wrongful death action in civil court in addition to criminal proceedings.

Could Comparative Fault Reduce Available Compensation?

Unfortunately, while it may seem distasteful to assign a deceased person partial or primary responsibility for their own death, New Jersey's modified comparative fault system applies to wrongful death cases just as it does to other personal injury claims. Accordingly, if a court finds that the deceased bore a percentage of fault for the accident that caused their death, their surviving family members would be subject to a proportional reduction in the damages available to them through a wrongful death lawsuit. A qualified wrongful death lawyer in Marlton could provide crucial assistance maximizing available recovery by fighting against allegations of comparative negligence made against the victim of a fatal accident.

What Time Limits Apply to Wrongful Death Claims?

Another way in which wrongful death cases work like typical personal injury claims is in the applicable statute of limitations. Under the law surviving family members of a fatal accident victim generally have only two years after the date of their loved one’s death in which to file suit. Notably, the effective filing deadline for survival actions is two years after the date a decedent first sustained their ultimately fatal injury, not the date of their death.

Every case is different, so it is always best to consult with a local attorney to find out the time limits for your specific case.

Call a Marlton Wrongful Death Lawyer for Help

If you believe a family member died as a result of someone’s negligence or failure to act, you can consult with a Marlton wrongful death lawyer to explore your legal options. An attorney could analyze the facts, advise you about potential outcomes, and, if appropriate, bring your case to court. In a time of overwhelming grief, a team of advocates could bring some relief and financial repair to a devastating situation.

Contact the experienced wrongful death lawyers in Marlton, New Jersey at KaplunMarx.

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