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Nobody should have to endure the horror of losing a loved one due to the negligence, recklessness or deliberate actions of someone else. In the aftermath of such a nightmare, you can at least pursue justice through a wrongful death claim.
At Folkman Law, you will find compassionate and experienced guidance on your legal options. Our attorneys have helped many surviving loved ones through these difficult circumstances. We understand what you’re going through, and we’re here to help.
Our firm won the largest personal injury verdict in New Jersey — more than $100 million — in a survival claim on behalf of a husband and wife who were tragically beaten to death.
Review more of our six- and seven-figure case results.
With offices in Cherry Hill and Philadelphia, we handle fatal accident and wrongful death claims across New Jersey and Pennsylvania.
TYPES OF RECOVERY A CHERRY HILL WRONGFUL DEATH LAWYER WILL HELP YOU RECEIVE
In a wrongful death action, you may be entitled to compensation for:
- Lost earnings and financial support
- Loss of companionship/consortium
- Medical and funeral expenses related to the loss
Putting a dollar amount on these losses can be challenging. Our lawyers understand how to build well-supported claims.
Wrongful Death Actions vs. Survival Actions in New Jersey and Pennsylvania
Wrongful death damages account for the losses suffered by the surviving family members as a result of the death at-issue — they are not meant to account for the losses suffered by the deceased individual. By contrast, a survival action is an attempt to recover the damages that are owed to the deceased individual for the harm that they experienced prior to death (i.e., pain and suffering, medical expenses, property loss, etc.).
Damages Can Vary Depending on the Circumstances
Wrongful death damages may include, but are not necessarily limited, to the following:
- Funeral expenses (paid by the plaintiff)
- Medical expenses (paid by the plaintiff)
- Repair bills associated with the accident (paid by the plaintiff)
- Loss of financial support
- Loss of domestic services
- Loss of companionship
- Loss of spousal relations
- Loss of parental guidance
States implement wrongful death law differently. In New Jersey, for example, plaintiffs are not entitled to recover damages for the emotional distress and mental anguish that they suffer as a result of the death.
Generally speaking, the loss of financial support constitutes the most significant portion of a wrongful death claim. Lost financial support is rather expansive in its coverage. In other words, you are entitled to recover damages that account for all the financial support that you would have received had the deceased individual survived. As such, the court must evaluate salary adjustments, promotions/career growth, inflation, and other factors, and must pay the expected contribution for a length of time equivalent to the remaining years of the deceased individual’s career. For example, if the deceased was 60 years old when they died, and they were intending on retiring at 65, then you might only be entitled to the equivalent of five years of financial support.
In a wrongful death action, the surviving family member may be entitled to a range of damages based on the circumstances. The more substantial the dependency of the surviving family member on the deceased individual, the larger the damages are likely to be.
Some family members have never received any financial support from the deceased, and as such, they would likely not be entitled to claim the loss of financial support in a wrongful death action. In other cases, such as a spouse bringing a wrongful death action, the spousal plaintiff would be entitled to assert damages relating to the loss of spousal relations (i.e., love, sexual relations, companionship) and possibly unpaid domestic services, such as chores around the house. A Cherry Hill wrongful death lawyer will help you make sense of your options and will fight for the most compensation possible.
WHAT ABOUT EMOTIONAL DISTRESS?
There’s no doubt that the untimely loss of a loved one brings unimaginable grief on the survivors. No amount of monetary damages can truly quantify that loss.
However, depending on the jurisdiction, you may be able to pursue financial recovery for emotional distress related to the loss. Pennsylvania allows survivors to recover compensation for grief and emotional suffering. In cases involving particularly egregious or reckless conduct, additional punitive damages may also be available.
In New Jersey, you may have a separate claim for negligent or intentional infliction of emotional distress, both of which may allow you to obtain full compensation for all the losses you have suffered — including the emotional harm.
Call for a Free and Confidential Consultation With a Cherry Hill Wrongful Death Lawyer
Wrongful death claims can be quite difficult to litigate. As such, it’s important that you work with a team of attorneys that have a proven track record of success and are comfortable navigating the complexities of such litigation.
We have decades of experience advocating on behalf of those whose loved ones have died due to the negligence, recklessness, or intentional misconduct of others. We have fought extensively to secure adequate compensation for the surviving family members of the deceased — many people are not truly aware of the enormous financial burden that is imposed on families when an earning family member suddenly and unexpectedly dies.
Please call 856-354-9444 or contact us online to schedule a free and confidential consultation with an experienced Cherry Hill wrongful death lawyer at Folkman Law. We are committed to the provision of accessible legal services, and our available 24/7 to answer any questions or concerns that you may have regarding your case.
Both New Jersey and Pennsylvania have strict deadlines for filing wrongful death claims. Don’t risk missing out on your rights. Consult a South Jersey personal injury lawyer from Folkman Law today at our offices in Cherry Hill, New Jersey or Philadelphia, Pennsylvania.