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New Jersey Wrongful Death Questions & Answers
2 Answers | Asked in Wrongful Death for New Jersey on
Q: If there's a criminal case ongoing about a car accident that killed my son, can I also sue in civil court for wrongful

death?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 21, 2017

Yes you can sue in civil court, but time limitations may apply so don't wait to hire a lawyer.

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: I'm worried if I get a payment from a wrongful death suit

I'm involved in that the money will be used to pay my debts - how do I avoid that?

Peter N. Munsing
Peter N. Munsing
answered on Oct 9, 2017

Talk to your lawyer. If you don't have one, contact a member of the NJ Assn for Justice--they give free consults. Only Medicare and certain other entities have claims that can lead to "liens" against your law suit proceeds, and in general these cannot exceed 50% of your recover... View More

1 Answer | Asked in Wrongful Death for New Jersey on
Q: : Is there a time limit to file a lawsuit in nj for a wrongful death that may have been caused by a police department?

911 operator in police dept mishandled call, which led to incorrect medical response with no urgency

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

Would be governed by the tort claims act; contact a member of the NJ Assn for Justice in your area--they give free consults. I believe it's two years; there are notice requirements (90 days I believe, but there are ways notice is "deemed."). Get the free consult.

1 Answer | Asked in Wrongful Death for New Jersey on
Q: Does a wrongful death settlement get distributed to all the heirs automatically?
Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

No and yes. There is either a will or intestate estate. Intestate estate rules divide up who gets what. However it's not "automatic"--an excecutor has to be appointed. You should contact a member of the NJ Assn for Justice--if you need names, give me a call.

2 Answers | Asked in Wrongful Death for New Jersey on
Q: Do you have to pay taxes on a wrongful death settlement?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on May 15, 2017

I would ask a CPA, but I do not believe so

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for New Jersey on
Q: My now ex spouse put down our dog without my permission. Is this illegal?

She did this while the divorce was in progress. I couldn't take the dog at the time because of my living situation, I would have liked to have the dog now that I could have.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2017

She would not need your permission. If the dog was that ill, there was probably no alternative.

1 Answer | Asked in Medical Malpractice and Wrongful Death for New Jersey on
Q: Do we have a malpractice case?

Hello, My relative died a week ago after bowel perforation surgery (less than a week after surgery). We took him to ER and after looking at his x-rays they determined that there were holes in his bowel. Emergency surgery was done and he passed away within a week. He had medical condition for last... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 18, 2017

Indeed you should. Gerald Baker and Tom Vesper are such attorneys--tell them I suggested you call. Generally you want to speak with a NJ Assn for Justice member who handles malpractice cases--which they do. They give free consultations.

They will ask about approximate dates so make the...
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1 Answer | Asked in Wrongful Death for New Jersey on
Q: Are there situations where non-relatives can file wrongful death lawsuits?
Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2017

Unlikely, but why not ask your question of a member of the NJ Assn for Justice--they give free consultations.

2 Answers | Asked in Wrongful Death for New Jersey on
Q: Can I bring both criminal and civil actions against someone who negligently caused my spouse's death?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 3, 2016

Much more information is needed to answer your question, but you in general cannot bring a criminal action against someone that is up to the state to prosecute and in many cases more than negligence is needed for a criminal cases. For civil you can hire a lawyer to do this and you will get damages... View More

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: So does a person's executor file a wrongful death suit, or can I as a friend file it?
Peter N. Munsing
Peter N. Munsing
answered on Oct 30, 2016

Only the executor. If not named, a member of the immediate family. Friends, no way.

1 Answer | Asked in Wrongful Death for New Jersey on
Q: Is an administratrix of estate for a wrongful death settlement in New Jersey entitled to monies from the settlement?
Adam Studnicki
Adam Studnicki
answered on Dec 28, 2015

You may want to ask under the Probate topic.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Wrongful Death for New Jersey on
Q: My uncles death was "accidental" in the hospital due to a fall which resulted in bleeding on his brain. no kids. No wife

I am beneficiary in his will. Do I have a law suit that I need to pursue?

Adam Studnicki
Adam Studnicki
answered on Aug 28, 2015

I am very sorry to hear that. Wrongful death laws vary from state to state. The estate may have a claim. Talk to a local injury or probate lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given...
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1 Answer | Asked in Wrongful Death for New Jersey on
Q: How do I file a motion for Wrongful Death on Behalf of my daughter in two Hospitals
John M DeProspo
John M DeProspo
answered on May 18, 2015

You need to contact a medical malpractice lawyer in your area for a free consultation.

1 Answer | Asked in Wrongful Death for New Jersey on
Q: Whats the statue on wrongfull death suit in NJ
Mark A. Siesel
PREMIUM
Mark A. Siesel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2011

The statute of limitations on wrongful death in New Jersey is 2 years from the date of death.

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