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Let the Law Bring Closure to a Wrongful Death

Let the Law Bring Closure to a Wrongful Death

A Wrongful Death Case Can Honor the Memory of Your Lost Loved One

Foulke Law Firm Can Bring Closure and Financial Relief to You and Your Family in This Difficult Time

We understand that you are consumed with grief.

We will help you through the many complicated steps of this case without burdening you further.

To pursue a wrongful death claim, it must be proven that negligence was a contributing factor in your loss. Usually, the death was the outcome of an accident or event of some kind and may fall within the categories listed below:

  • Vehicle Accidents
  • Employment Accidents
  • Medical Malpractice
  • Acts of Violence
  • Product Malfunctions
  • Dog Bites
  • Slip and Fall Accidents
  • Construction Accidents
  • And More

A Wrongful Death Case Must Be Filed Within Two Years of the Date of the Death of Your Loved One

The Statute of Limitations for both New York and New Jersey specify that you must present your wrongful death case two years from the date of the death of the victim. However, in some cases, there is an additional, much shorter deadline that requires the filing of an intention to proceed with a case.

To do so, the administrator of the decedent’s will must file the case on behalf of the beneficiaries. If no will exists, the beneficiaries and their financial share of the case compensation will be determined by a judge. Furthermore, an estate must be set up with a "personal representative" to handle the filing. Such a representative can be a child, spouse, or parent. In the case of a child, it may require a guardian to act on behalf of the child if the two-year filing limit is in jeopardy. These are some of the things a reputable law practice like Foulke Law Firm will manage for you, advising and guiding you through these complicated rules.

What Can You Expect to Be Compensated For As a Result of Your Case?

Generally, there are a number of factors that will qualify for compensation, some of which include the following:

  • Expenses for funeral and burial
  • Medical expenses associated with the care given to the victim prior to death
  • Lost income and benefits from the victim’s employment between the time of the accident/event and death
  • Loss of companionship and affection from the victim’s relationship with spouse, parents, and children
  • Loss of support and services performed by the victim for the family
  • Loss of inheritance to survivors
  • Loss of future income had the victim lived

Some Laws Can Be Heartless

Neither New York nor New Jersey laws allow compensation to survivors for the emotional loss, grief, and psychological pain endured as a result of the victim’s death, even if the victim was a child. However, in some cases, New Jersey allows an alternative method of filing for compensation for this type of pain.

Wrongful Death Cases Rarely Go To Court and Are Most Often Settled Prior to Trial

It is customary for insurance companies to attempt to reduce the value of your claims of loss for the purpose of avoiding their responsibility of compensating you for the full and just amount they should. This means that your lawyers will be fighting on your behalf to prove what your case is really worth and convince them to pay what you deserve. A common tactic by insurance companies is to try to blame the victim for the accident or event which ended in death. In some cases, there may be some truth to this claim but rarely at 100%. Also, it does not cancel your right to file a wrongful death claim. If the victim had some fault in the event, it would be calculated at some realistic percentage, and your compensation will be reduced by that amount.

Yet, the Foulke Law Firm Had an Exception That Resulted in a Landmark Case!

Evan M. Foulke, Esq. of the Foulke Law Firm, represented the estate of a victim who died tragically in a fire in a New York State residence for developmentally disabled people. This wrongful death case went to trial and returned a monumental verdict, ultimately worth $5.299 million! In fact, the largest ruling in history against the State of New York!


Trial verdict in action against the State of New York on behalf of a woman who died tragically in a fire at a State-run residence.

Largest Verdict in History!

Against the State of New York for survival damages

Estate of Gloria Bonilla v. State of New York

$5.299 million Trial Verdict, the largest in history against the State of NY by Foulke Law Firm, Goshen, NY - NJ

Some Wrongful Death Cases Can Qualify for Additional Compensation If Gross Negligence Is Blamed

What is "Gross Negligence"? This is the legal term used to describe extreme circumstances which contributed to the victim’s death. Such actions are defined by their acute disregard for safety or intentional malice. Typically, the following acts have been proven as examples of gross negligence:

  • An auto accident caused by a drunk driver
  • Medical malpractice cases where surgeons or other personnel deliberately alter medical records to camouflage their errors
  • Failure of a product that caused the victim’s death but was ignored by responsible industrial or retail parties despite their knowledge of the risk
  • An accident in a residential facility responsible for the victim’s death as a result of the owners’ knowledgeable avoidance of performing necessary safety maintenance

How Much Compensation?

The compensation received for such cases falls within the framework of "punitive" damages. Such damages are meant to "punish" or "penalize" the offending parties with the sting of having to pay for their wrongdoing, in some cases quite substantially! The amount of the compensation is determined by the extent of severity of the following factors:

  • The defendant’s corruption and criminality
  • The injuries leading to the victim’s death
  • How seriously the victim’s survivors are impacted by the defendant’s actions
  • The need for an adequate financial penalty to make a very strong impression on the defendant to deter repetition in the future

With Strict Time Limits on Wrongful Death Cases, You Must Contact a Good Lawyer As Soon As Possible

It is understandable that it is difficult to embark on a lawsuit in the throes of your anguish. We want to assure you that by calling Foulke Law Firm, you will get the best legal representation delivered in a highly professional and compassionate manner. Not only will it be easy for you, it will be rewarding both financially and spiritually.

Attorney Evan Foulke has had enormous success in over 30 years of representing people who have had accidents because of someone’s negligence. His skills in both settlement negotiations, as well as courtroom expertise are so compelling that other lawyers from many different regional law firms continuously seek his help with their cases.

A car driving down the road in front of trees.

File a Wrongful Death Claim

In the case of a fatal accident, surviving dependent spouses and children will need to be assured of the income that the deceased person previously brought to the family.

There are strict time limits on wrongful death cases. Contact us as soon as possible to schedule a free initial consultation about your case.