Important Information About Wrongful Death Compensation in New Jersey
One of the most devastating things that could happen to a family is the loss of a loved one. It can be even more painful when you lose your loved one in an accident that could have been prevented.
Wrongful deaths can be heart-wrenching for families and friends. New Jersey allows certain surviving family members to file a wrongful death claim when the death occurs because of another party’s negligence.
You can contact a New Jersey Lawyer to discuss your condition and help you file a successful claim. The surviving family members can pursue both criminal charges and a wrongful death claim against the negligent party, in some cases.
There is no financial compensation that could ever fully compensate for the loss of a beloved family member; however, a compensation claim may provide some form of justice and protect your family from financial ruin.
Regardless of what happened, there are certain restrictions as to who can file a claim. There are also statutes of limitations for filing all types of personal injury claims. Family members should get in touch with a New Jersey Wrongful Death Lawyer to seek justice and receive a fair amount of compensation.
New Jersey Wrongful Death Laws
The surviving family members can only file a claim when the deceased person could have filed a personal injury claim if they had survived. The claim is treated as a personal injury claim in which negligence led to death.
For example, someone fatally injured in a motorcycle accident might have been able to bring his own personal injury lawsuit, but could not bring the claim to court because they did not survive. Therefore, eligible surviving members have a cause of action to seek justice for the death of the loved one.
In accordance with New Jersey law, eligible family members can only recover compensation for financial losses. They may not recover compensation for intangible damages, such as pain and suffering. Pain and suffering are such a tremendous loss, and emotional well-being may affect the family members. Unfortunately, New Jersey law limits compensation for non-economic damages.
An experienced New Jersey wrongful death lawyer will understand what damages you may be entitled to and fight to obtain every penny that you are owed for your loss.
To file a claim as an eligible family member, the individual will be required to show appropriate proof of relationship to the deceased. They should also have evidence demonstrating how the death occurred due to negligence.
When they have enough evidence, they can step in and file a claim against the negligent parties. Every day people die due to automobile accidents. If you have lost a loved one in a car accident caused by someone’s negligent or reckless behavior, you should report it to the police and discuss the details of the accident with a knowledgeable personal injury attorney.
Who Is Eligible to File a Wrongful Death Claim?
The surviving family members should consult an attorney for a better understanding of the laws related to who is eligible to file a wrongful death claim. Only certain family members are eligible.
Different states have different rules. Family members should speak with a New Jersey wrongful death lawyer to know more about their legal options. Here are some family members who may be eligible to file a wrongful death claim legally in New Jersey:
- The surviving spouse of the deceased.
- The surviving children of the deceased.
- The surviving parents of the deceased, in case there was no spouse or children.
- The surviving siblings, nephews, or nieces (in case no parents survived).
- Any other family member who can prove that they were dependent on the deceased.
It is important to show that the surviving members were dependent on the deceased at the time of death. Sharing a close relationship does not equal eligibility. Therefore, the surviving family members should be prepared to prove that they were dependent on the deceased for their various needs.
Statute of Limitations for Filing a Claim in New Jersey
New Jersey law allows you to file a claim within two years from the date of the deceased’s death. Therefore, the eligible family members can file a claim within two years. One should investigate properly and focus on gathering as much evidence as possible.
Having appropriate evidence will help increase the chances of obtaining compensation. Wrongful death claims are complicated. You should try to file a claim as soon as possible. Some cases can take longer than expected to develop evidence and obtain a decision.
Therefore, filing a lawsuit with the help of a knowledgeable and experienced New Jersey wrongful death lawyer will help to ensure that it is filed within the required time period and will help you get your settlement in less time.
Types of Damages That Family Members Can Recover
As mentioned above, family members cannot recover compensation for non-economic damages. They can recover compensation for economic damages. The family members may be able to recover the following types of economic damages:
- Medical bills and funeral expenses – It is important to maintain the receipts for all medical bills and related expenses. Having bills and receipts will make it easier to recover compensation. Survivors can seek compensation for their loved one’s medical bills, burial costs, and other funeral-related expenses. The treatment may have caused a huge financial loss to the families. Therefore, the survivors should consider filing a claim to recover compensation for medical bills and funeral expenses. New Jersey wrongful death attorneys can assist with gathering all medical documentation necessary to substantiate your claim.
- Loss of income – It can be challenging for the dependent family members to survive, especially when the deceased was the sole breadwinner. The survivors should consider filing a compensation claim to recover the income and monetary losses they have incurred. The age and the earning capacity of the deceased will be considered when calculating such losses.
- Loss of services – Losing a loved one can be much more painful for the family members than for others. You may be able to recover additional compensation if you can prove the economic value associated with any services the deceased previously provided to the family. These costs can include services such as house chores, mowing the lawn, cleaning, or any other household duties and service.
Discussing Details With Legal Professionals Can Be of Great Help.
The Law Offices of Samuel Fishman have been handling injury claims for more than two decades now. Our experience has helped us to apply different legal strategies to win maximum compensation.
A dedicated New Jersey Injury Attorney can help you recover compensation for the wrongful death of a loved one. Our team will investigate every aspect of a case before initiating any legal process. This helps us develop customized strategies to proceed with a successful claim.