In the unfortunate circumstance that another person’s negligence causes your loved one’s death, you should know where to turn. A skilled Elizabeth, NJ lawyer can help your family navigate grief and hold a responsible party accountable.
If a negligent party’s actions caused your loved one’s death, contact an attorney immediately. Your attorney can then help you file a claim against a negligent party, provided you are the victim’s personal representative. If not, you may have to bring your claim through that representative. In Elizabeth, NJ, a victim’s spouse and children will receive any awarded damages, even if they are not a victim’s personal representative. Filing a wrongful death claim in Elizabeth, NJ can be emotionally draining. An experienced lawyer can provide the support and guidance necessary to help your family get justice for your deceased loved one in Elizabeth, NJ.
Our lawyers are dedicated to supporting families through wrongful death lawsuits. For a free case evaluation with the Elizabeth, NJ wrongful death attorneys at Legal Care, call us today at (732) 838-9769.
When to Hire a Wrongful Death Attorney in Elizabeth, NJ
If your loved one recently died because of a negligent party’s actions in Elizabeth, NJ, consider hiring a wrongful death attorney. An experienced lawyer can help you learn whether or not you have a case against the party responsible for your loved one’s death.
Depending on the circumstances of a victim’s death, families in Elizabeth, NJ should consult with an attorney. According to N.J.S.A. § 2A:31-1, there are grounds to file a wrongful death claim when a deceased victim would have had grounds to file a personal injury claim against a negligent party had they not died.
For example, suppose your loved one died in a car accident caused by a negligent driver. Or perhaps a negligent manufacturer sold a defective product that caused a victim’s death. If your loved one sustained injuries that caused their death, you might have grounds to file a wrongful death claim in Elizabeth, NJ. Other common reasons for wrongful death claims include slip and falls, medical malpractice, and workplace accidents.
If the circumstances of your loved one’s death are unclear, talk to an Elizabeth, NJ wrongful death attorney. An experienced lawyer can use their resources and skill to investigate your loved one’s death and determine if another party’s negligence caused it.
Once you have decided to contact a wrongful death lawyer concerning your deceased loved one, it is important to act quickly. In Elizabeth, NJ, families may have just two years to sue a negligent party for damages. However, if a victim’s cause of death was murder or manslaughter, and the responsible party was convicted, there is no statute of limitations to file a lawsuit, according to N.J.S.A. § 2A:31-3.
Wrongful death claims are often complex, so it is best to act fast so that your attorney has plenty of time to build a strong case against the party responsible for your loved one’s death.
Potential Wrongful Death Claimants in Elizabeth, NJ
In New Jersey, only one person can bring a wrongful death claim on behalf of a victim: the personal representative of a victim’s estate. An experienced attorney can help families understand which family members can sue and why.
Although some states allow close relatives of a victim to file a wrongful death claim on their behalf, New Jersey does not. In Elizabeth, NJ, only a victim’s personal representative can sue a negligent party for a victim’s death. A victim’s personal representative can be virtually anyone, from their spouse to their parent. If a victim did not name a personal representative before their untimely death, the court will appoint one.
In the aftermath of a loved one’s death, learning that only one specific individual can bring a claim against a liable party can be confusing. Suppose a personal representative is unknown to your family (e.g., a lawyer), or that person is unaware of your tragedy (e.g., someone out of touch with the family). An experienced attorney can help you identify a deceased loved one’s administrator so that your family can get justice through their filing.
Remember, suing a negligent party in a wrongful death claim is done in place of a victim. So, generally speaking, exactly who a victim’s personal representative is should not matter much. After all, the beneficiaries of the lawsuit will always be the closest family members, no matter who the personal representative is.
Damages in an Elizabeth, NJ Wrongful Death Lawsuit
When a personal representative brings a wrongful death claim against a defendant in Elizabeth, NJ, they can recover substantial damages on behalf of a victim. That said, any recovered damages will generally go to a victim’s close family, like a spouse or children. A skilled attorney can fight for your loved one in a wrongful death claim and recover compensatory damages in their name.
In Elizabeth, NJ, only economic damages are available to close family members after a wrongful death lawsuit. Although a personal representative must bring a claim, any awarded damages will go first to a victim’s spouse and children, according to N.J.S.A. § 3B:5-4. If a victim was unmarried and without children, damages will go to other close relations, like parents and siblings.
Economic damages recovered in an Elizabeth, NJ wrongful death lawsuit will generally compensate a family for any financial expenses incurred because of a loved one’s death. For example, if you relied on your spouse for financial support, you may receive damages for lost wages. Hospital and funeral expenses are also generally covered by economic damages in Elizabeth, NJ.
Although Elizabeth, NJ does not allow a victim’s family to recover non-economic damages in a wrongful death lawsuit, it does allow families to recover for damages a victim incurred while they were still alive. For example, any medical bills or lost wages a victim incurred due to a negligent party’s actions before their death may be compensated for.
It is important to note that no damages are guaranteed in a wrongful death lawsuit. That is why it is crucial to hire an experienced Elizabeth, NJ wrongful death attorney that will fight for your deceased loved one’s memory in a lawsuit against a liable party.
Call Our Elizabeth, NJ Wrongful Death Attorneys Today
If your loved one’s untimely death was caused by another’s negligence, reach out to our lawyers. For a free case evaluation with the Elizabeth, NJ wrongful death attorneys at Legal Care, call us today at (732) 838-9769.