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  • Wrongful Death Lawyer in Linden

    A death within the family is always a stressful time for those that are left behind to grieve, especially if it’s a wrongful death. Unfortunately, unexpected death is frequently the result of negligent acts committed by another party. At the Law Office of Charney and Roberts, we have been representing the families of wrongful death victims for over 30 years and want to help you get justice for your suffering.

    Wrongful Death Lawsuits

    Deaths caused by the carelessness of others is the main reason to file a wrongful death lawsuit.

    In general, to file this type of lawsuit in the State of Linden, it must be shown that:

    • The death was caused by an action of another party that was negligent or unlawful
    •  Had the deceased survived the negligent or unlawful act, the victim would have been able to file a lawsuit to recover damages from the responsible party
    • The victim is survived by a spouse, children, or other legal dependents
    • There has been monetary loss suffered by the survivors

    The State restricts the power to file a wrongful death lawsuit to the executor of the deceased’s estate or to a personal representative of a spouse, the children or dependents of the deceased. In New Jersey, the estate or survivors do not directly sue the alleged responsible party. Rather, their appointed personal representative (usually an attorney) will file the suit on their behalf.

    Negligent and Unlawful Acts

    The New Jersey courts generally define negligence as a willful decision to act in a manner that could be reasonably foreseen to have the potential of causing injury to another person. An unlawful act is defined as any action that, upon conviction, could be punished as provided for under the New Jersey Code of Criminal Justice. If any of these conditions can be associated with the actions of another, then a death is deemed “inherently wrongful.”

    Circumstances that are often cited in these lawsuits include:

    •  Unsafe working conditions
    •  Negligence in the upkeep and repair of businesses
    •  Motor Vehicle Accidents, including public transportation
    •  Death at the hand of another during the commission of a crime
    •  Defective Products
    •  Deaths from the use of unnecessary force by law enforcement officers
    •  Cases in which the decedent was enticed or forced to engage in an inherently dangerous act

    Where Do You Go From Here?

    As noted earlier, an unexpected and wrongful death is probably the most stressful event that a family can experience. Such deaths can be even more stressful if there is even a suggestion that such a death may have been preventable.

    If you suspect that a family member’s death may have been due to any of the circumstances listed above, you should contact one of our experienced, compassionate attorneys at the Law Office of Charney & Roberts for your free initial consultation at 908-925-8300. We are committed to helping you through your wrongful death case so you and your family can move on with your lives.