When a victim dies because of another person’s negligent or intentionally wrongful act, their surviving family members may be entitled to compensation. Such compensation can be recovered during the course of a wrongful death lawsuit in East Orange.
You can bring a wrongful death claim against the person responsible for a victim’s death if the victim would have been permitted to bring a personal injury claim against the negligent party had they survived. In East Orange, the statute of limitations for such claims two years from the date of death. Only the victim’s personal representative can bring a wrongful death claim on their behalf. Generally, this is a victim’s spouse, parent, or child. If the victim did not name their personal representative in their will, the court will do so. In addition to a wrongful death lawsuit, personal representatives can also file survival actions. This can allow the surviving family members to recover compensation for the losses the victim incurred prior to their death in East Orange.
To have our East Orange, NJ personal injury lawyers review your case for free, call Legal Care now at (732) 838-9769.
When to File Wrongful Death Claims in East Orange, NJ
Filing a claim for wrongful death can be one of the most important decisions a victim’s family makes after their untimely death due to negligence. If your loved one recently died and another party is to blame for their death, you can likely file a lawsuit in East Orange.
In order to bring a claim for wrongful death, the victim must have had reason to file a personal injury claim had they lived. For example, suppose your loved one died in a car accident. If their injuries would have permitted them to file a lawsuit against an at-fault party had they survived, you can likely bring a claim for wrongful death in their stead.
That said, you will not have unlimited time to do so. In East Orange, the statute of limitations for wrongful death cases is two years. That is two years from the date of death, not two years from the date of injury. So, if your loved one was hurt in an accident, lived for some time, and then succumbed to their physical injuries, you might have longer to sue than you originally anticipated. That said, you should not hesitate to file a lawsuit.
When a victim dies due to an accident, it is likely that another party contributed to their death, even if only partially. Because of this, it is important to consult with our Jersey City wrongful death lawyers immediately so that you can have the best chances of getting justice for a victim close to you.
Identifying Personal Representatives to File Wrongful Death Claims in East Orange, NJ
While some states allow anyone with a close relation to a victim to sue for wrongful death, New Jersey does not. In East Orange, only a victim’s personal representative can file a lawsuit for wrongful death.
Generally, a victim’s personal representative will be named in their will. You can make your personal representative anyone you would like, although it should be someone you trust, like your spouse, parent, or child. This individual is the only person permitted to file a wrongful death lawsuit.
That said, not everyone has a will or has taken time to name their personal representative. This is especially true of young victims in East Orange. If your loved one did not name their personal representative prior to their death, the court will name one. Typically, the court goes down the line of eligible persons and starts with a victim’s spouse or child. Once you figure out who the personal representative of the victim is, they can begin the process of filing a claim for wrongful death in East Orange.
Although only the victim’s personal representative can file a wrongful death lawsuit, the entire family can lend their support during this time.
You will need to identify the victim’s personal representative quickly so that a claim can be brought before the filing deadline. If the statute of limitations runs out, so does a personal representative’s opportunity to recover compensation on behalf of a victim’s surviving family members.
Filing Wrongful Death Lawsuits and Survival Actions in East Orange, NJ
In addition to filing lawsuits for wrongful death, personal representatives can pursue compensation through survival actions. This will allow your family to collect compensation for any damages a victim incurred prior to their death in East Orange.
In New Jersey, compensation in wrongful death lawsuits is largely limited to economic damages. Victims’ families can recover compensation for damages related to a death, like funeral costs or loss of financial support. Compensation in wrongful death claims goes to a victim’s surviving spouse and children first.
Survival actions are necessary to recover compensation for damages such as emotional distress. You can file this action alongside your wrongful death claim. Survival actions can compensate families for any losses victims incurred before they died. This can include compensation for medical expenses related to a victim’s injuries or lost wages. Included in survival actions is compensation for the pain and suffering victims experienced before their deaths. Again, this compensation will go to a victim’s surviving spouse or children first. If a victim does not have a surviving spouse or children, damages will go to their parents and so on.
Like in wrongful death claims, survival actions must be filed within two years of a victim’s death in East Orange. Survival actions must also be brought by a victim’s personal representative. If you have any additional questions about filing survival actions alongside wrongful death claims, ask our attorneys.
Call with Our East Orange, NJ Lawyers About Your Case Today
For help with your case from the New Jersey wrongful death lawyers of New Jersey Legal Care, call us today at (732) 838-9769.