Getting damages for the death of a loved one can be complex. Hiring an attorney to handle your case is a vital step toward getting the compensation you need paid in full while you focus on your family in this trying time.
A Belleville, NJ wrongful death attorney can analyze your case and determine what damages you and your family could be entitled to. An attorney can also help file the necessary lawsuits to get you the compensation you need. Having a lawyer to act as a go-between between your family and the defendant’s insurance companies and lawyers can help prevent insufficient settlements and manipulation.
For help with your wrongful death lawsuit, call our Belleville, NJ wrongful death attorneys today at The Carrion Law Firm. Our attorneys offer free case reviews. Call us at (718) 841-0083.
Filing Wrongful Death Lawsuits in Belleville, NJ
To get compensation for a loved one’s death, there are two lawsuits that are typically filed: a wrongful death lawsuit and a survival action. Both lawsuits are filed by a party known as the administrator of the decedent’s estate. This person is named in the will or appointed in court if there was no will, and they are entitled to carry out these lawsuits for the benefit of the estate and the victim’s family.
Wrongful Death Lawsuit
A wrongful death lawsuit is permitted under N.J.S.A. § 2A:31-1. This lawsuit is filed by the estate administrator, and the damages paid in this lawsuit can benefit any family members that would normally be entitled to receive an inheritance under New Jersey’s default inheritance laws. These lawsuits must be filed within 2 years of the death, but there is no deadline if the case is filed for a victim whose killing qualifies as murder or manslaughter.
This lawsuit awards the family damages specifically for the death of their loved one. The damages in this lawsuit deal with the economic harms of the death, such as hospital bills related to end-of-life medical care.
Survival Action
If someone is injured in an accident and survives, they are entitled to file a personal injury lawsuit. If someone is injured in an accident and dies, the ability to file the personal injury case falls to their estate administrator under N.J.S.A. § 2A:15-3. Our Belleville wrongful death lawyers can help with this particular lawsuit as well.
This lawsuit also has to be filed within 2 years of the death and pays damages to the family, but it is a bit more complicated.
The damages in this lawsuit are claimed for any damages the deceased victim would have been able to claim in life. This means getting damages for end-of-life pain and suffering, lost wages, and other damages. You can also claim damages for funeral and burial expenses. Instead of paying these damages directly to the surviving family, the damages are paid into the deceased victim’s estate and distributed under their will or the NJ intestacy statute.
Insurance Claims
Families often have life insurance and other insurance policies that cover them in the event of a death in specific circumstances – such as no-fault auto insurance. While these insurance policies might pay some damages, they are not necessarily going to cover the damages you could claim in these lawsuits. Talk to our Belleville wrongful death lawyers about filing these lawsuits.
Common Wrongful Death Cases Our Lawyers Handle in Belleville, NJ
Many types of wrongful death suits are unfortunately common. Our Belleville, NJ wrongful death lawyers can help your family with any of the following cases and more:
Auto Accidents
Car accidents are one of the leading causes of accidental death. Accidents can happen to anyone, and the at-fault drivers should be held accountable. Especially if the driver was intoxicated, there could also be a criminal case filed against them for the death of your loved one. Getting compensation from the at-fault driver and their insurance company can be difficult, especially if the insurance company digs in and refuses to pay the full value of your case. Our lawyers can fight aggressively to get you the compensation you deserve if a loved one was killed in a car crash.
Murder and Manslaughter
Many times, wrongful death cases result from fights gone wrong or heinous crimes like murder. In these cases, your focus might be on getting justice through the criminal justice system. However, your family should also be entitled to compensation for your loved one’s death. While restitution might be paid in the criminal case, the focus of the criminal case is punishing the killer rather than helping you and your family deal with the loss of your loved one. That’s where our Belleville wrongful death lawyers can help you: by fighting to get you the compensation you need to move forward after losing a loved one.
Slip and Fall/Property Injury Cases
A slip and fall might seem like a simple accident, but many people suffer serious brain injuries during falls. Other premises liability accidents could involve drowning, electrocution, fires, or structural collapses that could leave victims with grievous injuries and lead to death. Many of these cases involve immediate death, but many victims could linger for quite some time, increasing their pain and suffering before death.
Medical Malpractice
Misdiagnosis and failed diagnosis are one of the main ways that medical malpractice can lead to death. In these cases, conditions go untreated and patients who need help are not given the help they need, losing the opportunity to recover. Other medical malpractice issues can involve surgical errors and other mistakes that lead to death.
Call Our Belleville Wrongful Death Attorneys Today
If you lost a loved one in an accident or to violent crime, call our Belleville, NJ wrongful death lawyers today at (718) 841-0083. Our attorneys at The Carrion Law Firm offer free case evaluations.