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Toms River Family Awarded In Wrongful Death

Render illustration of Wrongful Death title on Legal Documents

Two years ago a tragedy occurred in Toms River, NJ which resulted in a young child losing his life. The deceased lost his life in an accident involving a loaded rifle while playing with another young child. In New Jersey wrongful death suits are brought each year in tragic situations such as this, where the deceased lost their life caused by some form of wrongdoing, negligence or unnecessary behavior. Wrongful death suits are never a pleasant situation but if you or someone you know is now facing this situation, legal representation can help ensure that those who were responsible for the loss are held accountable.

N.J.S.A. 2A: 31-1 Wrongful Death In New Jersey

An action for wrongful death in the State of New Jersey can be brought for many reasons. According to the statute for wrongful death (N.J.S.A. 2A:31-1):

“When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances amounting in law to a crime.”

Due to the young age of the child involved in the Toms River case, the parents were ultimately the ones held accountable for the wrongful death. Generally, because these kinds of actions involve the loss of life, a wrongful death action can be brought by parents, survivors or an administrator of estate for the deceased. Any action for wrongful death has a statute of limitations which requires that any party seeking to file suit, do so within 2 years from the event. If the victim was found to loss their life as a result of murder, aggravated manslaughter or manslaughter in a previous criminal action than a wrongful death suit can be brought at any time.

In terms of financial recovery, all judgments for damages will be assessed by a jury. There are many factors that can be taken into consideration for damages, including but not limited to:

  • Hospital expenses
  • Medical expenses
  • Funeral expenses
  • Loss of financial support for dependents
  • Punitive damages

Villani & Deluca Attorneys for Wrongful Death

The realization that a loved one has been lost in an incident that should have been avoided can be overwhelming. If you believe you have a case for wrongful death, it is critical to consult with legal professionals. Our firm has a diverse practice that includes personal injury and wrongful death representation. Call us today at 732-965-3801 to schedule a FREE consultation to discuss your wrongful death action.