Wrongful death lawsuits can be some of the toughest to go through for plaintiffs, not because of the legal difficulty of the case but because of the subject matter. Chances are, if you came to this page, you or a person you care about had a loved one pass away because of an accident. This is no doubt an extremely difficult time, not made any easier by the fact that the death could have been prevented if someone else had acted reasonably.
Our skilled attorneys can help you file your wrongful death lawsuit and hold the right parties accountable. We will work as hard as we can to give you the best chance possible at getting compensation for your loss. The last thing you want on your mind after an accident that leads to death is how you are going to handle legal matters. Let us do the work to get you the justice you deserve.
Have a free conversation about your case with Legal Care New Jersey’s wrongful death lawyers by calling (732) 838-9769.
Filing a Wrongful Death Lawsuit in Clifton, NJ
In most states, only certain parties are allowed to file wrongful death claims on behalf of the deceased. In many cases, only immediate family are allowed to file a wrongful death lawsuit. In New Jersey, the rule is that only the executor can file wrongful death lawsuits per N.J.S.A. § 2A:31-2. An executor is someone appointed to oversee the deceased person’s assets after they have passed away. Often, the executor of a deceased person’s estate is named in their will.
However, just because the executor is the one who files the lawsuit, that does not mean they recover the damages. Damages in wrongful death lawsuits still go to the surviving spouse, children, nieces and nephews, and other people financially dependent on the deceased when they passed away.
Even if you yourself cannot file the lawsuit, our wrongful death lawyers can work to have you participate in the lawsuit, should you wish to. For example, we can investigate whether you can testify in court as a character witness for the deceased. We might even be able to have you appointed executor yourself if you want to participate more directly.
The Statute of Limitations for a Wrongful Death Lawsuit in Clifton, NJ
There is only a limited time you have to file a wrongful death action. A law called the statute of limitations puts a timer on how long you have to file a lawsuit. When the timer, called the statutory period, runs out, you can no longer file a lawsuit or recover damages. N.J.S.A. § 2A:31-3 sets the standard time within which a wrongful death lawsuit must be brought at two years from the time of death.
There are some exceptions to this general rule. For one, if the victim was murdered or was a victim of manslaughter and the defendant was convicted, then there is no time limit on bringing the lawsuit. This rule also applies if the defendant was adjudicated delinquent as a juvenile offender or pleaded insanity.
Causes of Wrongful Death Lawsuits in Clifton, NJ
Wrongful death is frequently the result of another party’s negligence. In law, negligence means that someone was careless, and, as a result of their carelessness, injured the plaintiff. Unfortunately, carelessness can lead to fatal consequences, and in wrongful death lawsuits, the injury the plaintiff is suing for is the death of a loved one. Negligence can take many forms, which could result in wrongful death claims.
Car accidents are a frequent reason for wrongful death lawsuits. Although cars are getting safer every year, careless drivers can still kill other motorists if they are not careful. The risk of death is even greater for pedestrians hit by motor vehicles because they do not have airbags, the mass of the car, and other safety features to protect themselves from the impact.
One way that a driver can be negligent is by not following traffic laws. The dangers of drunk driving, for example, are widely known, and there are thousands of fatalities related to driving under the influence every year. Other traffic violations like speeding, ignoring pedestrian crosswalks, or aggressive driving, in general, can also result in a negligent death.
Truck accidents are some of the deadliest motor vehicle accidents. Drivers of cars and vans do not have much protection from a massive 18-wheeler or semi truck potentially carrying literal tons of cargo. The chances of survival are even slimmer for a pedestrian hit by a big-rig vehicle.
Truck drivers can be negligent in much the same ways that a regular driver can be negligent. However, truck drivers have extra requirements they must follow because of the nature of their job. For example, truck drivers are not allowed to drive for more than 11 hours in a day without a subsequent ten-hour break. Additionally, truckers must take a break for 30 minutes after driving for eight hours consecutively. Finally, truckers cannot drive more than 60 hours in a seven-day period or 70 hours in an eight-day period. These rules exist because driving while fatigued is incredibly dangerous and could cost people their lives. If a trucker in your wrongful death case did not follow these rules, you could have a claim against them or their employer.
We trust medical professionals with our lives in many circumstances. It is sometimes unthinkable to consider that a medical professional could negligently cause a loved one’s death. An incorrectly prescribed medication or a botched surgery could unfortunately lead to death.
Medical malpractice claims are incredibly complex and involve many nuanced details. If you are filing a wrongful death claim based on medical malpractice, you should discuss the case further with our lawyers.
Call Our Clifton, NJ Wrongful Death Lawyers Today
Start the legal process with Legal Care New Jersey’s wrongful death lawyers by calling (732) 838-9769.