Nothing is more tragic than losing a loved one due to the negligence of another person. New Jersey's law regarding wrongful death is complicated and draconian. In general, the grieving family will not be able to recover for the wrongly caused grief. Advising a grieving loved one that the law does not permit us to seek compensation for their grief is heartbreaking. The law in New Jersey is horrible. Trial Lawyers are working to change that.

There are two main ways for an estate of a lost loved one to recover for a wrongfully caused death. The first under the Wrongful Death Act and the other is known as a "Survivorship Action".

Under the Wrongful Death Act - the family's remedy is limited to compensation, for "a deprivation of the reasonable expectancy of a pecuniary advantage which would have resulted by a continuance of the life of the deceased." In addition, the estate may recover the hospital, medical, and funeral expenses. In short this means how much money would the deceased relative provided to those fiscally reliant upon him/her, and how much it cost the deceased to go through the process of dying. There is no compensation for the grief you are suffering.

A Survivorship Action is different in that it seeks to compensate the estate for the deceased's pain and suffering experienced during the periods after the wrongful act and and the resulting death. This is called "conscious pain and suffering."

Proving a case under the Wrongful Death Act and a Survivorship Action requires a Trial Lawyer and the right experts who have the expertise and experience necessary to maximize recovery. MENNIE HEIZLER, LLC has that expertise and experience. More importantly, we have the personal caring touch to help you through this very trying time.

Please contact us at (732) 481-9100 for a free consultation at a time and place that is convenient for you.