Elizabeth, NJ Wrongful Death Attorney
Losing a loved one is one of the most terrible events you can endure. The emotional stress that comes from grief has no time limit and often stays with us in some capacity. But when a loved one’s death is the result of the wrongful act of another person, the loss might deserve substantial compensation.
Our Elizabeth wrongful death attorneys can help you recover compensation for the loss of your loved one. There are different claims available to a loved one’s survivors that could provide critical financial support. The nature of your relationship with your loved one will also have an impact on the damages you receive in a wrongful death claim. Regardless of the negligent act that took your loved one from you, our Elizabeth wrongful death attorneys can help.
If your loved one suffered a wrongful death in Elizabeth, NJ, our Elizabeth wrongful death attorneys can help you get the compensation you deserve for your loss. Contact The Carrion Law Firm today at (718) 841-0083 for a free case evaluation.
Filing Wrongful Death Claims in Elizabeth, NJ
According to N.J.S.A.§ 2A:31-2, only a victim’s personal representative may file a wrongful death claim in NJ. A personal representative is simply a person chosen by the victim to administer their estate after their passing and oversee the inheritance process. However, if the victim did not choose a personal representative, the court will appoint one. When the victim passes because of another person’s negligence, a personal representative will have a few options as to what claims to file to recover compensation for the family members of the deceased.
Wrongful Death Actions
A wrongful death action is a claim filed by the personal representative of the deceased’s estate that seeks damages for the effects their loved one’s death has had on the family, like lost spousal economic support, lost household services, lost wages, and other pecuniary expenses that may have resulted. Damages from a wrongful death lawsuit go directly to the deceased’s heirs if awarded by the court. If the wrongful death lawsuit prevails, the court will apportion the award based on the family member’s relationship with the deceased.
In a survival action claim, a deceased’s personal representative is attempting to recover compensation for the damages the victim encountered before they died. Essentially, a survival action is a claim for the damages from the negligent act that the deceased would have been entitled to if they had survived the accident. This might include the damages one would receive from a typical negligence case, such as medical expenses, lost wages, and pain and suffering damages. In addition to these damages, family members can also claim compensation for medical bills the deceased might have incurred before passing, funeral bills, or other related expenses.
It is important to note that both types of claims can be filed in the same wrongful death lawsuit. Another important consideration is wrongful deaths that occur because of a workplace accident. Workplace accidents are often handled under the Workers’ Compensation system and will subject the workplace accident claim to additional rules. However, certain rules might allow you to go around this system and file a lawsuit directly.
Our experienced Elizabeth wrongful death attorneys know that facing the prospects of a legal case so soon after the passing of a loved one is overwhelming, but we are here to make sure you do not have to do it alone.
Time Limit to File an Elizabeth, NJ Wrongful Death Lawsuit
The time limit to file your wrongful death lawsuit is known as the statute of limitations and is encoded under N.J.S.A.§ 2A:31-3. According to the law, you must file your wrongful death lawsuit within two years of the victim’s death. If you fail to file your wrongful death lawsuit in time, your case will be dismissed, and you will not have the opportunity to refile.
However, you should not waste time starting your wrongful death claim. Wrongful death cases are complex given the family dynamics involved and take time to develop. Witnesses forget things or move away, and records can get lost or even purposefully destroyed. Contact our Elizabeth wrongful death attorneys as soon as possible to begin your wrongful death claim.
Who Can Recover Damages After a Wrongful Death in Elizabeth, NJ
If an Elizabeth wrongful death lawsuit filed by a private representative prevails in court, several different family members could receive compensation. Damages may be rewarded to the following family members:
- Deceased’s children
- Deceased’s spouse
- Deceased’s parents
- Deceased’s siblings, nieces, and nephews
The total compensation awarded will be apportioned among the eligible family members by the court if the wrongful death lawsuit is successful. If you are a family member of a loved one that recently passed, our Elizabeth wrongful death attorneys can help you understand the process of recovering your share of the compensation recovered.
Common Causes of Wrongful Deaths in Elizabeth, NJ
Wrongful deaths can occur in several ways that fall into a few basic legal categories. A common cause for wrongful deaths is when someone is the victim of another person’s negligence, such as a car accident, premises liability, or a defective product. Workplaces accidents are also another frequent reason for wrongful deaths. Keep in mind, however, that workplace accidents are subject to certain rules involving Workers’ Compensation. Finally, intentional crimes, like manslaughter or murder, could be the cause of your loved one’s wrongful death.
If your loved one was taken from you because of another person’s negligence or criminal act, our Elizabeth wrongful death attorneys can help you determine the appropriate course for your wrongful death claim.
If Your Loved One Suffered a Wrongful Death, Our Elizabeth, NJ Wrongful Death Attorneys Can Help
If you lost a loved one through another person’s negligence or crime, our Elizabeth wrongful death attorneys are here to offer you legal support during this difficult time. Get your free case review today by calling The Carrion Law Firm at (718) 841-0083.