Constructions sites are some of the most high-risk environments for workers. Despite the regulations implemented to prevent accidents in the workplace, construction workers are still vulnerable to injuries or death, especially when employers fail to comply with safety rules.
According to statistics, the construction industry is the cause of the highest number of fatalities in New Jersey. If a person dies at a New Jersey construction workplace, a wrongful death claim can be filed in order to compensate for the irreplaceable loss of a loved one.
Different states have their own laws regarding wrongful death. While New Jersey lawyers can give assistance in filing a wrongful death claim, it is still important that you understand how a wrongful death claim works when it is the result of a New Jersey construction accident. In this article, we will go over some frequently asked questions regarding New Jersey construction wrongful death cases.
What qualifies as a wrongful death in New Jersey?
In the state of New Jersey, a fatality is considered a wrongful death if it is “caused by a wrongful act, neglect or default of another.” It can be considered a wrongful death when the conditions leading to the death are valid grounds for a personal injury lawsuit filed by the victim against another party, if the decedent had not died.
In wrongful death cases, it is important to prove the liability of one party, negligence, a wrongful act and the breach of duty that resulted in the victim’s death. Basically, a wrongful death claim is somewhat similar to a personal injury claim, but because the deceased victim is no longer able to file the claim to court, another party will file the claim on their behalf.
Who can file wrongful death claims?
In a New Jersey wrongful death case, a claim is usually filed by a representative of the victim’s estate on behalf of their family members who are dependent on the deceased at the time of death. Under New Jersey laws, they must be legally entitled to inherit from the victim. Those who can receive damages in a wrongful death case are the surviving spouse, children, parents, siblings, nieces, nephews, and other individuals who can prove that they were “dependent” on the victim.
Is there a time limit for wrongful death claims in New Jersey?
According to New Jersey’s statute of limitations, a construction wrongful death case should be filed within 2 years from the victim’s death. If the claim is not pursued within this time limit, the wrongful death case could be barred from court. Time is important in collecting documents, evidence, and information to support the claim. As such, it is best that you consult and seek the assistance of New Jersey construction wrongful death lawyers as soon as possible.
What damages are included in a New Jersey construction wrongful death case?
Under New Jersey laws, the damages available for construction wrongful death claims are strictly limited to financial compensation. This accounts for the losses resulting from the victim’s death, which do not include punitive damages and damages for emotional distress caused by the passing of a loved one. Some damages that are included are loss of financial support based on the victim’s income; loss of guidance, companionship, comfort and care; loss of value of household services such as childcare and chores; and the burial, funeral and medical expenses connected to the victims’ injuries and death.
The loss of a loved one in a construction wrongful death case can be tremendously painful for the surviving family members. If you are in such situation, having to deal with the claim process on your own can cause a lot of distress. It will be extremely helpful that you find experienced New Jersey lawyers who can help you with your construction wrongful death claim. At DeZao Law, our skilled, resolute, and licensed staff will fight for you and get you the outcome that you deserve.