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New Jersey Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for New Jersey on
Q: Person lived in another country they were visiting and was struck and killed by a car.

Person had no property in USA, left no Will and his wife did an Affidavit of Spouse in India, How we she apply for an Ad Prosequendum?

Grant Gerleman
Grant Gerleman answered on Jan 1, 2020

The wife, children, and parents of the deceased do not have to be citizens of the United States to file civil wrongful claims in the United States. As long as they can provide documentation proving their relationship to the deceased if it is challenged, they can bring claims against any insurance... Read more »

1 Answer | Asked in Estate Planning and Wrongful Death for New Jersey on
Q: May a rightful heir to an estate claim assets which the executor abandons?

The assets in question are the proceeds from a malpractice lawsuit filed on behalf of the decedent which the executor declined to file, despite likelihood of winning the suit.

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

If you mean can the heir file the claim, yes if within the immediate family. Why not contact a member of the NJ Assn for Justice who handles malpractice--they give free consultations. If you need the names of some, feel free to call me.

1 Answer | Asked in Criminal Law, Products Liability and Wrongful Death for New Jersey on
Q: does a mother or a child of a gun victim has a legal recourse?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 14, 2018

The easiest recourse is against the person who used the gun, but generally they don't have any money to pay you. That being said you don't know until you try and other parties may have also been responsible.

1 Answer | Asked in Foreclosure and Wrongful Death for New Jersey on
Q: I want to get justice for someone killing my step-dad and need a lawyer but i have no money. i need help
Peter N. Munsing
Peter N. Munsing answered on Feb 2, 2018

Contact a member of the NJ Assn for Justice. Understand if it was a murder, chances are it will not make sense to sue the person that did it, unless someone else is involved, because there will be no money to get at the end from which to pay the lawyer--people that murder usually don't have... Read more »

1 Answer | Asked in Wrongful Death for New Jersey on
Q: I received ss disability at 60 now 69. Have a wrongful death lawsuit against nursing my mom was in. If I win any money

Do I have to pay 111,000 Medicaid paid for her in nursing home I am her daughter

Peter N. Munsing
Peter N. Munsing answered on Jan 18, 2018

you don't--if there is a claim, which there may not be, it would be part of the case settlement.

2 Answers | Asked in Wrongful Death for New Jersey on
Q: My mom died in nursing home negligent death. I am suing, but was told I would have to pay back Medicaid for her I am 69

Was getting full disability at 60 yrs old was told if on disability I won’t have to pay Medicaid back for her time in nursing home is that true

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 17, 2018

Best to ask your lawyer who is handeling your case as that lawyer will know your exact situation.

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: My son was shot and killed on th street of Paterson Nj can I bring a wrongful death suit against anyone he was 37
Peter N. Munsing
Peter N. Munsing answered on Jan 15, 2018

Your feelings of a world upside down are natural. Unfortunately you can only sue someone if a) they can be identified and b) there is a reason to believe you will ever see anything out of it.

At this time cooperate with the police. If they can find someone, then at that point you can...
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1 Answer | Asked in Car Accidents and Wrongful Death for New Jersey on
Q: Am I entitled to money recovered under a wrongful death claim?

My father died in a car crash in NJ. The estate lawyer already received the money from the wrongful death claim he filed. I am a child from my father's previous marriage, I am 30. He was remarried and there is another child from that marriage. Am I entitled to a portion of the assets recovered... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 12, 2018

Yes and you should be listed as a beneficiary or potential heir with the estate.

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 Esq.
H. Scott Aalsberg Esq. 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... Read 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
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 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... Read 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...
Read more »

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 Esq.
H. Scott Aalsberg Esq. 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... Read 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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