Following a loved one’s wrongful death in Perth Amboy, family members may be at a loss for what comes next. Our attorneys can explain the benefits of filing a wrongful death lawsuit and how doing so can allow you to get justice for a victim in your life.
In Perth Amboy, personal representatives can bring a wrongful death lawsuit in certain cases. If a victim could have filed a personal injury lawsuit, had they survived after sustaining injuries, their personal representatives may be able to bring a wrongful death claim within two years with help from our attorneys. When building your case, our lawyers will focus on evidence that proves the four crucial elements of a wrongful death claim. By filing a survival action alongside a wrongful death lawsuit, our attorneys can help you and your family recover compensation against the person responsible for your loved one’s death.
To schedule a free case evaluation with our wrongful death attorneys at The Carrion Law Firm, call today at (718) 841-0083.
Filing Wrongful Death Lawsuits in Perth Amboy, NJ
There are restrictions on who can file a wrongful death claim in Perth Amboy, as well as limitations on which situations qualify a plaintiff to file a claim. Understanding these restrictions is vital so that those closest to a victim can get justice on their behalf in Perth Amboy.
After a victim dies because of a negligent party, their spouse, parents, or children might wish to seek compensation against the person responsible. While that is understandable, they might not able to. In New Jersey, the ability to bring a wrongful death suit is limited to victims’ personal representatives. Typically, this person is someone close to a victim, often their spouse or parent. That said, a victim’s family might be unsure who their deceased loved one named as their personal representative before their death. Our wrongful death attorneys can determine who among you is your loved one’s personal representative so that your family can proceed with filing a lawsuit in Perth Amboy.
Wrongful death claims can only arise out of situations where a victim would have been able to bring a personal injury case in Perth Amboy had they not succumbed to their injuries. This typically applies to most cases where an at-fault party’s negligence resulted in a victim’s death, especially since wrongful death claims are often preceded by accidents that cause serious injuries to victims.
Filing Deadlines for Perth Amboy, NJ Wrongful Death Suits
There is a limit on how long personal representatives in Perth Amboy have to file wrongful death claims against negligent parties. Our lawyers can help you meet this deadline so that you can more easily hold a defendant accountable.
The statute of limitations for wrongful death lawsuits in New Jersey is two years. This means a victim’s personal representative typically has two years from a victim’s death to bring a claim against a negligent party. There may be exceptions in cases where criminal charges are brought from a victim’s death.
Between the date of your loved one’s untimely death and the date you file, our wrongful death attorneys can investigate an accident, compile evidence, and build a strong case for compensation. This takes time, so it is important to contact our attorneys immediately if you believe your loved one’s death was due to negligence.
Elements Necessary to Prove Negligence in a Wrongful Death Case in Perth Amboy, NJ
Several elements must be present and proven in a successful wrongful death lawsuit in Perth Amboy. To achieve that goal, our lawyers will gather compelling evidence of fault and prove that a defendant’s negligence directly caused your family member’s death and the damages your family has incurred.
The first element necessary in a wrongful death claim is proving that a defendant owed a victim a duty of care. Depending on the circumstances surrounding your loved one’s death, establishing a duty of care might be more or less difficult. Suppose your loved one died because of medical malpractice. In that case, our wrongful death attorneys will establish that the victim and the defendant had a doctor-patient relationship involving a duty of care.
Next, our attorneys must prove that a defendant breached their duty of care. For example, suppose your loved one died in a car accident. If a defendant ran a stoplight, was driving drunk, or was speeding when they struck and killed a victim, those negligent acts might be considered a breach of their duty of care.
Then, our lawyers must show that the defendant’s breach of duty of care directly caused your loved one’s injuries and death. This can be done through medical records and other evidence.
Finally, our attorneys must prove that real damages were suffered due to the defendant’s breach of duty care. Our lawyers can achieve this by showing the financial losses you and your family have incurred due to your loved one’s death in Perth Amboy.
Parties Eligible to Recover Damages in a Perth Amboy, NJ Wrongful Death Claim
Typically, only those close to a victim and entitled to receive an inheritance from them may collect compensation awarded in a wrongful death lawsuit in Perth Amboy. This may or may not include a victim’s personal representative, based on their relationship with a victim.
Compensation from a wrongful death case in Perth Amboy is distributed according to New Jersey’s intestate laws. Generally, this means that compensation primarily goes to a decedent’s spouse and children but might differ from case to case.
Compensation in wrongful death claims in Perth Amboy is limited to damages for financial losses. That said, our wrongful death attorneys may also help you file a survival action, allowing you to recover compensation for the emotional difficulties your loved one experienced before their untimely death.
Hire Our Attorneys to File a Wrongful Death Case in Perth Amboy, NJ Today
To schedule a free case evaluation with our wrongful death attorneys, call The Carrion Law Firm today at (718) 841-0083.