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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.
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 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.
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:
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.