Parsippany, NJ Wrongful Death Attorney
If someone close to you recently died because of another party’s negligent act, you may be able to file a lawsuit against that person in Parsippany if you are the decedent’s personal representative.
Surviving family and friends can begin gathering evidence after a wrongful death in Parsippany. This can include reporting a death to a negligent party, filing a police report, gathering medical records, and providing testimony in a lawsuit. It is also important to keep in mind certain restrictions surrounding wrongful death cases. For example, personal representatives are the only parties eligible to file a lawsuit in Parsippany. There is also a filing limit of two years that must be followed. There are additional limitations on certain damages in wrongful death claims. For example, compensation for pain and suffering is not available. That said, survivors may get compensation for such damages by bringing a survival action in Parsippany.
To speak with our Parsippany, NJ wrongful death attorneys and get a free case review, call The Carrion Law Firm at (718) 841-0083.
Gathering Evidence After a Wrongful Death in Parsippany, NJ
While grappling with the aftermath of a loved one’s death can be challenging for their family, it is important to begin gathering evidence quickly. This is true for all accidents that might result in death, including car crashes and slip and falls.
Immediately after a person dies in an accident, those close to them can begin compiling evidence. Our wrongful death attorneys will help in this effort, as investigating a loved one’s death can be emotionally overwhelming. In some incidents, like car accidents, friends and family might be in the vehicle with a victim when they pass away. In these cases, witnesses can take photographs of an accident scene and speak with police officers to give their statements.
Witnesses can also collect evidence by gathering any correspondence a victim might have had with a negligent party prior to their death if it exists, as well as getting a victim’s medical records that their injuries. Some loved ones might be limited regarding what types of information they are privy to, such as medical information.
Witnesses may be able to provide evidence of their own, such as testimony, during a wrongful death lawsuit. Close friends and family who were near a victim at the time of their death might be able to provide insight into the cause.
Strengthening Your Claim by Reporting a Wrongful Death in Parsippany, NJ
Sometimes, victims in wrongful death cases cannot report an accident themselves, especially if they succumb to their injuries immediately. You can strengthen your claim by reporting a wrongful death as soon as it occurs.
Reporting the death of a victim can take several forms. For example, you can inform law enforcement officials if the victim dies in a car accident. If the victim dies in a workplace accident, inform their employer. The death of victims involved in premises liability accidents can be reported to the at-fault property owner. If a victim died because of a defective product, family members can inform the negligent manufacturer that is responsible.
Victims do not always immediately die from their injuries. In some cases, injuries might worsen over time, eventually leading to a person’s death. Even if your loved one already reported their injuries before they died, you can inform the necessary people of their death after the fact. This is best done in writing to confirm that you alerted the negligent party to the death of the victim.
Limitations Surrounding Wrongful Death Cases in Parsippany, NJ
There are several notable limitations surrounding wrongful death claims in Parsippany. For example, there is a filing deadline plaintiffs must follow. There are also limitations on who can bring a claim and limitations on damages in some cases.
Limitations on Plaintiffs
In Parsippany, only personal representatives of victims can file wrongful death lawsuits. A victim might name a personal representative before their death, making it easier for friends and family to confirm who among them is eligible to bring a case. A judge will appoint a personal representative if a personal representative has not been named before a victim dies. Often, but not always, a personal representative is someone close to a victim, like their spouse, parent, sibling, or child.
Limitations on Filing
There are limitations on when you can bring a wrongful death suit in Parsippany. The first limitation to address is situations when wrongful death claims are valid. In order to file a civil case for wrongful death, a victim must have been able to file a compensation claim for personal injury had they survived.
Next, there is the issue of filing deadlines. The date to file for wrongful death cases is two years in Parsippany and begins counting down on the date a victim dies. If a victim was in the process of pursuing a personal injury claim at the time of their death, that will not affect the filing deadline for the wrongful death claim their personal representative wishes to bring.
Limitations on Damages
Damages from lawsuits for wrongful deaths are limited in Parsippany. Certain family members can recover economic damages for expenses related to a person’s death, such as loss of financial support and funeral expenses. Compensation for pain and suffering is not available when you file a wrongful death suit in Parsippany.
You can bring a survival action if you wish to recover additional damages. This allows specific family members to get compensation for financial losses incurred by a victim before their death, such as medical expenses. Compensation for emotional distress and pain and suffering may also be available when a survival action is filed alongside a wrongful death action.
Speak with Our Parsippany, NJ Attorneys About Filing a Wrongful Death Suit
To schedule a confidential and free case review with our wrongful death attorneys, call The Carrion Law Firm now at (718) 841-0083.