Practice Area
Wrongful Death
experts
Compassionate Legal Representation for Wrongful Death Claims at Kornblau Law
At Kornblau Law we understand the profound impact of losing a loved one due to someone else’s negligence or wrongful act. Our dedicated team provides compassionate and skilled legal representation to families navigating wrongful death claims in Pennsylvania and New Jersey.
We are committed to seeking justice for your loss and ensuring that those responsible are held accountable.
Understanding Wrongful Death Claims
Wrongful death claims arise when an individual’s death is caused by the negligent, reckless, or intentional actions of another person or entity.
These claims seek to provide financial compensation for the survivors’ loss, acknowledging that no monetary value can truly compensate for the loss of a loved one.
Dedicated Advocacy for Diverse Wrongful Death
Types of Cases Leading to Wrongful Death Claims
- Motor Vehicle Accidents: Including car, truck, motorcycle, and pedestrian accidents where negligence played a role.
- Medical Malpractice: Deaths resulting from medical errors, surgical mistakes, misdiagnosis, or failure to diagnose.
- Workplace Accidents: Fatal incidents occurring in the workplace, especially in high-risk industries.
- Product Liability: Deaths caused by defective or dangerous products.
- Premises Liability: Fatal accidents occurring on unsafe properties, including slip and fall incidents.
- Criminal Acts: Incidents where intentional harm leads to a loss of life.
Legal Support Through Your Loss
Our approach to wrongful death claims involves:
> Comprehensive Case Evaluation: Thoroughly assessing the circumstances surrounding the death to establish liability.
> Empathetic Client Support: Providing a compassionate environment where your voice is heard and your needs are prioritized.
> Maximizing Compensation: Seeking full damages for funeral expenses, lost income and benefits, loss of companionship, and emotional distress.
> Expert Collaboration: Utilizing medical, accident reconstruction, and financial experts to strengthen your claim.
Holding Negligent Parties Accountable
Kornblau Law is dedicated to ensuring that the responsible parties are held accountable for their actions.
Our goal is to secure the financial support that families need to move forward, while also bringing a sense of justice to the memory of the deceased.
Comprehensive Compensation for Your Losses
If your family has suffered the loss of a loved one due to someone else’s negligence or wrongful act,
Kornblau Law is here to help.
Let our experienced wrongful death attorneys guide you through this difficult time, providing the legal support and representation you need.
Frequently Asked Questions
What is my case worth?
Determining the value of your case begins with an assessment of how likely it is that an insurance companyor jury will find the Defendant liable based on the available evidence. If it appears highly likely that the defendant will be deemed liable, you can expect a stronger offer from the insurance company. Conversely, if the evidence pointing to the defendant’s liability is weaker, the likelihood of receiving a substantial settlement offer diminishes, as you can only claim damages if the defendant is found liable.
Once liability is evaluated, the next crucial factor is assessing your damages, which are the legally recognized losses for which you can receive monetary compensation. Typical damages include medical expenses, loss of income, pain and suffering, scarring, disfigurement, as well as embarrassment, humiliation, and loss of enjoyment in life.
The more robust and well-supported your evidence is for these damages, the higher the potential value of your case.
This assessment is critical in providing a clearer picture of what you might expect in terms of compensation.
How long will my case take?
As Plaintiff’s attorneys, our approach is always proactive and assertive, consistently applying pressure on the Defendants to keep the momentum in your favor. However, the duration of litigation
can vary significantly. Generally, it ranges from one to several years, influenced by factors such as the case’s complexity, the specific jurisdiction or county in which the case is being tried, and the nature of the case itself.
We diligently work to expedite the process wherever possible, while ensuring that no detail is overlooked in the pursuit of the best possible outcome for you.
In instances where a settlement can be negotiated prior to formal litigation, the timeline can be considerably shorter, potentially resolving the matter in under a year. It’s important to note that while we strive for efficiency, our primary focus is always on the thoroughness and quality of representation. We balance the urgency of resolving your case promptly with the necessity of ensuring that every aspect is meticulously handled to maximize your chances of a favorable outcome.
Will I be given updates on my case?
Absolutely, and with regular frequency. One of our dedicated attorneys will maintain consistent communication with you, providing updates on both your treatment status and any significant developments in your case. We understand that staying informed is crucial for your peace of mind, and we ensure that you’re never left wondering about the status of your legal matters.
In addition to these scheduled updates, our team is always accessible for any questions or concerns you might have. We make it a point to be available to address your needs promptly.
Should you reach out via call or email, you can expect a swift response from our team, unless we are actively engaged in a trial. Even in such instances, we ensure that your queries are
attended to at the earliest opportunity.
We also proactively reach out to you with important information and key milestones in your case, ensuring you’r not just aware of the progress but also understand the implications of each development.
Our commitment to open and transparent communication extends to providing clear explanations and guidance, so you are empowered with knowledge about your case every step of the way. Your confidence and understanding are as important to us as the legal outcomes we seek on your behalf.
What do you charge?
Our fee structure is designed to be as client-friendly as possible. We operate exclusively on a contingency fee basis. This means that our professional fees are contingent upon the successful resolution of your case – if we don’t win or settle your case, you owe us nothing.
The specific percentage of our contingency fee varies, based on factors such as the state’s legal requirements, the complexity of your case, and whether the case involves a minor. These aspects are carefully considered to determine a fair and appropriate fee for each individual case. However, the fundamental principle remains the same: there are no
upfront costs for you, and we are compensated only from the recovery we secure on your behalf.
This approach ensures that high-quality legal representation is accessible to you without the immediate financial burden, and it aligns our goals with your best interests. We are invested in achieving the best possible outcome for you because our success is directly linked to yours.
What is a wrongful death claim?
A wrongful death claim is a civil lawsuit that allows surviving family members to seek compensation for the personal losses they have suffered due to a loved one’s death caused by someone else’s negligence, recklessness, or intentional harm. In both Pennsylvania and New Jersey, a wrongful death claim specifically addresses the losses experienced by the family members themselves, such as the loss of companionship, emotional support, and financial contributions the deceased would have provided. This is distinct from a survival action, which focuses on the losses and pain the deceased person experienced before their death. While a wrongful death claim compensates the family for their loss, a survival action allows the estate to seek damages on behalf of the deceased for things like their final medical bills, lost earnings before death, and any pain and suffering they endured prior to passing.
In Pennsylvania, wrongful death claims are filed by the personal representative of the deceased’s estate on behalf of close family members, such as a spouse, children, or parents. In New Jersey, the personal representative or executor may file the claim on behalf of immediate family members, which can also include siblings or dependents in certain circumstances. Damages awarded in a wrongful death claim may cover funeral expenses, medical costs associated with the death, loss of future income, and the loss of companionship and emotional support. Together with a survival action, a wrongful death claim allows the family to seek full accountability and compensation for the profound impact of a wrongful death.
Who can file a wrongful death claim in Pennsylvania and New Jersey?
In both Pennsylvania and New Jersey, a wrongful death claim is typically filed by the personal representative or executor of the deceased person’s estate on behalf of certain eligible family members. In Pennsylvania, the claim is brought forward for the benefit of close relatives, including the deceased’s spouse, children, or parents, who are considered primary beneficiaries. If there is no spouse, children, or parents, other heirs may be entitled to compensation, though this is less common. In New Jersey, similar rules apply, where the personal representative files the claim for the deceased’s spouse, children, or parents. However, in cases where there are no immediate family members, other dependents or certain family members, such as siblings, may be eligible to receive compensation.
The purpose of limiting eligibility to close relatives is to ensure that those who relied on the deceased for financial support, companionship, and care are compensated for their loss. If the personal representative does not file the wrongful death claim within a certain timeframe, family members in Pennsylvania may file on their own behalf. Consulting an attorney can help clarify the process and ensure the correct parties are represented in a wrongful death claim.
How is compensation distributed among family members in a wrongful death claim?
In a wrongful death claim, the distribution of compensation among family members varies based on state law and family relationships. In both Pennsylvania and New Jersey, compensation is awarded to benefit the deceased’s immediate family, typically a spouse, children, or parents. However, each state has specific guidelines for how funds are distributed. In Pennsylvania, the compensation is generally divided according to intestate succession laws, which dictate how assets are distributed if there is no will. For example, if the deceased was married with children, the spouse and children would typically share the compensation, with the spouse receiving a larger portion. If there are no children or spouse, compensation may be distributed to other close family members, such as parents.
In New Jersey, compensation is similarly distributed to immediate family members, with priority given to the spouse and children. If there are no surviving children or spouse, then parents or other dependents may be eligible. Distribution in New Jersey also follows intestacy rules if there is no specific agreement on how the compensation should be allocated. The court may step in to ensure a fair distribution if disagreements arise. Consulting an attorney can help families understand the distribution process and ensure that compensation is fairly divided among eligible family members based on the law and family dynamics.