Wrongful Death Claims in New Jersey

Certified Criminal Trial Attorney Michael Peter Rubas has extensive experience in litigating wrongful death claims in the state of New Jersey.  New Jersey defines wrongful death as “A death caused by a wrongful act, neglect or default of another.” It is a type of personal injury claim in which an injured person is no longer available to bring their claim to court so another party is bringing the claim. The claim must be filed by the deceased’s personal representative or beneficiary directly. Whomever is assigned liability will be responsible for money damages only. Damages in a New Jersey wrongful death claim are intended to compensate the estate of the deceased person and surviving family members.

There are time limits relating to wrongful death claims that require a claim to be filed within two years of the date of the deceased person’s death. Hiring a skilled and knowledgeable attorney as soon as possible is the best course of action. Because it is a personal injury claim, a wrongful death lawsuit requires proof of negligence. Attorney Rubas knows that a great deal of work is involved in investigating and preparing a wrongful death claim. To establish liability, four elements must be proven. They include:

  • The liable party owed a duty of care to the decedent.
  • The liable party breached that duty.
  • The liable party’s actions were the proximate cause of the victim’s death.
  • The result of that death caused family members or beneficiaries actual financial losses.

The type of damages that can be recovered are called pecuniary damages and represent actual financial losses. They include loss of income, loss of services, and funeral and medical expenses. Attorney Rubas is aware that at this time in the decedent’s family, there is a great deal of grief and anger. His compassion for families faced with a tragic and untimely loss is as evident as his powerful and determined legal representation.

Attorney Rubas’ effective representation for those who have lost a loved one due to the negligent or careless actions of another in New Jersey is well known. Attorney Michael Rubas has a Monmouth County office in Spring Lake Heights, 732-820-4332, and a Hudson County office in Jersey City, NJ, 201-448-9866, serving clients in the Superior Courts throughout New Jersey.