The death of a family member due to a negligent act can be devastating. Our lawyers can help you recover compensation on behalf of your deceased loved one by bringing a wrongful death case in Montclair.
Suppose your loved one recently died as a result of another party’s negligence, and the accident that caused their death would have given them a reason to file a personal injury claim had they lived. If so, filing a wrongful death lawsuit may be warranted. Plaintiffs in these lawsuits are limited to victims’ personal representatives, who are often, but not always, their spouses or parents. The statute of limitations for wrongful death civil claims in Montclair is just two years, so it is crucial to act quickly and file a lawsuit right away. Recovery is limited to those close to victims, such as their spouse, children, or parents, and may include compensation for economic and non-economic damages.
To set up a free evaluation of your case with the wrongful death attorneys, call The Carrion Law Firm now at (718) 841-0083.
Statute of Limitations for Montclair, NJ Wrongful Death Cases
While there is no limit to the pain of learning that a loved one recently died because of another party’s negligence, there is a timeframe in which personal representatives must file wrongful death lawsuits in Montclair. Adhering to this statute of limitations is crucial, as failure to do so might bar you from recovery.
According to N.J.S.A. § 2A:31-3, personal representatives in New Jersey have just two years after a victim’s death to file a wrongful death claim, unless criminal charges arise from a victim’s death. While two years might initially seem like plenty of time to sue, that is not always the case. In the immediate aftermath of a loved one’s death, family members might not even consider filing a civil suit. Once they do, time might have passed, limiting the amount of time our wrongful death attorneys have to build a case.
To ensure you file before the deadline and have ample time to investigate the cause of a victim’s death, you should contact our lawyers immediately. Our wrongful death attorneys will launch an immediate investigation into the circumstances of a victim’s untimely death and uncover proof of negligence against an at-fault party, so you can improve your chances of success in a lawsuit for compensation.
Parties Eligible to Bring Wrongful Death Cases in Montclair, NJ
Not everyone is eligible to proceed with a wrongful death lawsuit in Montclair, even if they are closely related to a decedent. Even if you are the victim’s spouse, parent, or child, you might be unable to sue an at-fault party if you are not the victim’s personal representative.
Like many other states, New Jersey restricts plaintiffs in wrongful death lawsuits to decedents’ personal representatives. While not always, a personal representative is often someone close to a victim, such as their spouse, child, or parent. Our wrongful death attorneys will work to identify who exactly your deceased family member’s personal representative is, so you and your loved ones can determine who among you is eligible to file a claim. If a victim has not named a personal representative before their untimely death, the court will most likely do so.
It is necessary to understand that not just anyone can file a wrongful death claim in Montclair. Plaintiffs must be victims’ personal representatives to bring a compensation case against a negligent party.
Reasons to File a Wrongful Death Lawsuit in Montclair, NJ
In the aftermath of a loved one’s death in Montclair, family members might struggle to determine whether another party is at fault. Depending on the circumstances of a victim’s untimely death, you may have reason to file a wrongful death claim.
The primary reason to file a wrongful death suit in Montclair is if a negligent party’s actions caused the death of your loved one. This might happen for a variety of reasons. One of the most common reasons for wrongful death claims is car accidents and other vehicle accidents, like motorcycle accidents.
Slip and falls on another person’s property that result in a victim’s death might warrant eligible plaintiffs to file a wrongful death case, especially if the property owner’s negligence caused the accident in question.
A victim’s death does not have to be immediate to have reason to file a wrongful death lawsuit in Montclair. Often, victims are initially injured in an accident, incur damages, and then succumb to their injuries. It might be days, weeks, months, or even years, after sustaining injuries due to a negligent party that your loved one loses their life because of those injuries.
The bottom line is if someone else’s negligent or intentionally wrongful act causes the death of a person close to you, and the victim would have had reason to file a personal injury claim if they had not died, you should contact our wrongful dash attorneys to learn if you are eligible to file a lawsuit. Our attorneys can investigate the reason for your relative’suntimely death to determine whether or not bringing a lawsuit for compensation is feasible.
Compensatory Damages in Wrongful Death Cases in Montclair, NJ
Personal representatives can recover compensation for specific people close to victims by filing a wrongful death suit in Montclair. Typically, compensation first goes to victims’ spouses and kids.
While only a victim’s personal representative can sue for wrongful death in Montclair, they are not the only ones who can recover compensation in a lawsuit against a negligent party. In fact, depending on their familial relationships with decedents, personal representatives might not recover any damages at all. Typically, damages awarded in wrongful death cases go to a victim’s spouse,children, parents, or others entitled compensation based on the state’s intestate laws, according to N.J.S.A. § 2A:31-4.
Damages in wrongful death lawsuits in Montclair include compensation for economic losses, such as loss of income and medical and funeral expenses. Some family members may also be able to claim compensation for non-economic damages like pain and suffering by filing a survival action with help from our attorneys.
Call Our Wrongful Death Attorneys About Your Case Today
For a free and confidential case review with the wrongful death attorneys at The Carrion Law Firm, call us today at (718) 841-0083.