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Wrongful Death

Most Common Causes of New Jersey Wrongful Death

By Lependorf & Silverstein on April 27, 2016

As we all know, personal injury accidents can happen anywhere at any time. All it takes is one negligent individual to turn a situation bad or even deadly. At Lependorf & Silverstein, P.C. we’ve seen first hand the destruction an out of control individual can have and the tragic consequences they can leave in their wake. Unfortunately, one of the more common results of such reckless behavior is wrongful death. An accident can be considered a wrongful death case if it was caused by someone’s negligent actions.

Most Common Wrongful Death Causes

Everyday loved ones and family members lose their lives to careless people who failed to take other’s safety into account. But while accidents that lead to wrongful death can happen just about anywhere, there are a few circumstances that are more common than others. Here are the three we encounter quite often: Read the rest »

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Common Questions Following a New Jersey Child’s Wrongful Death

By Lependorf & Silverstein on April 22, 2016

Recently, as a young mother and her 7-year old daughter stepped into the crosswalk at the corner of Van Buren Place and 61st Street in West New York, New Jersey, they had no idea the horror that was upon them. In seconds, a black Chevy Tahoe barreled through the intersection, running down the little girl and her mother as they made their way to School No.1. The mother suffered moderate injuries, while her daughter would not be so lucky. The first grader suffered fatal injuries and would later die. The driver did not stop and was eventually arrested for hit and run along with attempting to cover up the crime by lying to police.

After such a heinous act, it is only natural to wonder – what options are available for the parents of a child who has died via a wrongful death accident? What kind of compensation can be obtained on the behalf of the deceased? While it does depend on the circumstances involved, the state of New Jersey does permit the surviving parents of a deceased child to file a claim against the negligent party. The follow up to this usually is – how long do I have to file? Under New Jersey law, wrongful death claims must be filed within a two-year window. However, it is important to speak with a dedicated personal injury firm to find out what options you may have. Read the rest »

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Wrongful Death – Common Reactions to Uncommon New Jersey Tragedy

By Lependorf & Silverstein on April 18, 2016

Everyone processes death differently. Some internalize their pain. Some take on extra work or new projects to push past the trauma. Others express their frustration openly. Reactions vary per person and the relationship involved. But if the death was unexpected, a person’s reaction can be confusing and sometimes frustrating – especially if they were a close relative or loved one.

Unfortunately, these emotions are only further complicated if the death could have been prevented. Whether the person was killed in a car collision, botched medical procedure, or something else, hardly matters. To the surviving family members, all that matters is the loss – and the terrible knowledge that it all could have been avoided. Processing such a tragedy often leads people to a number of difficult emotional benchmarks. When dealing with the tragedy of losing a loved one, always remember: Read the rest »

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New Jersey Officer Avoids Civil Rights Charges Over Slaying

By Lependorf & Silverstein on February 1, 2016

A Jersey City police officer will not face civil rights charges for a shooting that left one man dead and a family devastated. Officer Kenneth Bowes was relieved of all charges by a Hudson County grand jury in April 2015 for the shooting death of Lavon King in June of 2014. However, a criminal investigation by the Hudson County Assistant Prosecutor is still ongoing. Recently, a wrongful death suit filed by the King family against the city.

The shooting in question took place on June 24, of 2014. Two Jersey City police officers, one of them being Officer Bowes, pursued Lavon King through the neighborhood of Ege Avenue before cornering him in a shed. During a confrontation, Mr. King supposedly reached for the officer’s weapon, at which point Bowes fired one shot. County medical examiners reported the man died from a single gunshot wound to the chest shortly thereafter. Read the rest »

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The Most Common Causes of Wrongful Death Claims

By Lependorf & Silverstein on January 29, 2016

Wrongful death cases are some of the toughest we handle. These claims are brought when someone dies because of the negligent actions of a person or company. In these situations, a wrongful death claim can help surviving family members seek compensation for their loss and help with future finances. Compensation can be pursued to help pay for medical expenses, funeral expenses, loss of income, loss of future income, and pain and suffering.

But, what is a wrongful death suit? Anytime someone dies as a result of one of the following, a wrongful death claim can be filed: Read the rest »

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What Damages Can You Seek in a New Jersey Wrongful Death Case?

By Lependorf & Silverstein on November 8, 2015

New Jersey Wrongful Death When grieving the loss of a loved one, it’s easy to overlook the financial impact that loss will have on your family. As things settle down, you may find yourself overwhelmed by the resulting financial burdens. If your loved one helped support the family financially, that loss of income may be devastating.

This is why all families who’ve lost a loved one in a New Jersey wrongful death accident should review their legal options. Financial compensation is available for families who have lost someone as a result of someone else’s negligence. Read the rest »

Posted in: Wrongful Death

How Is a New Jersey Wrongful Death Different From a Criminal Case?

By Lependorf & Silverstein on November 1, 2015

New Jersey Wrongful Death When a person is killed due to the negligence of another person or company, the wrongful death incident might be treated as a homicide. Criminal homicide cases are investigated by police, charges are filed by the prosecuting attorney, and the state seeks to prove the case beyond a reasonable doubt.

Not all wrongful death cases involving negligence are tried as criminal cases. Even if the case isn’t tried in a criminal court, the family of the deceased person can bring a wrongful death lawsuit. Here’s how a wrongful death claim is different than a criminal case: Read the rest »

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Family of Deceased Pedestrian Successful in Wrongful Death Claim

By Lependorf & Silverstein on November 4, 2014

The Princeton wrongful death lawyers of Lependorf & Silverstein helped the family of a 75-year-old Pennington woman secure a $500,000 settlement. The victim was killed in a fatal pedestrian accident that occurred in Somerset County, New Jersey on Nov. 7, 2013. The woman was a pedestrian waiting to cross the street on the shoulder of Route 518 when the driver of a Toyota Corolla lost control of the vehicle and struck the pedestrian.

She was treated for multiple fractures and severe cognitive deficits. She succumbed to her injuries Dec. 24. The $500,000 settlement represented the full insurance policy limits available to the woman’s estate. The New Jersey State Police investigated this incident and determined that driver inattention was the cause of the accident. Read the rest »

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Women Killed in New Jersey Crash

By Lependorf & Silverstein on July 8, 2014

New Jersey Car CrashA 52-year-old woman and a 50-year-old woman were killed in a New Jersey car accident when a van struck their SUV. According to a WFMZ news report, the fatal car crash occurred on Route 49 in Maurice River Township. Officials say a van crossed the centerline and struck their SUV. The women in the SUV died at the scene. The occupants of the van suffered minor injuries. It is unclear why the van crossed into oncoming traffic or if the driver will be cited for the crash.

Many head-on collisions in New Jersey involve vehicles that enter oncoming traffic in an attempt to pass slower vehicles. Under New Jersey Statute 39:4-86: “The driver of a vehicle shall not drive to the left side of the center line of a highway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be made in safety.” Read the rest »

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Trenton Daughter and Father Die from Injuries Sustained in Father’s Day Head-On Crash

By Lependorf & Silverstein on June 27, 2013

On Monday, June 17, 2013, life support was discontinued for the four-year-old daughter of a man who was killed on Father’s Day in a head-on crash. As reported by The Times and published by nj.com on June 17, the little girl had been critically injured in the crash that killed her 28-year-old father, and her surviving family had made the decision to keep the girl on life support so that it would be possible to donate her organs. Her brother, age seven, survived the crash with lacerations and broken bones.

The children’s stepmother had married their father just a year and two months ago. Together they had one daughter, age two, who was not a passenger in the vehicle at the time of the crash. The crash occurred in Hamilton on Route 29. According to the authorities, the head-on crash happened when a Camden, New Jersey motorist was driving south in the northbound lanes just prior to 3:30 a.m. At 65 miles per hour, both vehicles collided. The driver who was traveling in the wrong lane has been charged with two counts of death by auto, two counts of assault by auto, and driving while intoxicated. He is being held on an immigration detainer and $250,000 cash bail at the Mercer County Correction Center. Read the rest »

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