A wrongful death claim is similar to a personal injury claim, but there are rules about when it can be filed and who can file it that grieving family members should know about. If you’re ready to sue a negligent party for damages, our Sussex County wrongful death lawyers can tell you what needs to be done.
When Would You File a Wrongful Death Claim?
A wrongful death claim and a personal injury claim would be filed in similar circumstances. If someone gets hurt in an accident and they believe that someone else is to blame, then they would make a claim and try to hold that negligent person accountable. This can apply to car accidents, defective products, falls, and any other kind of accident. The obvious difference here is that a wrongful death claim is only filed when someone succumbs to their injuries and passes away.
Who Would File the Wrongful Death Claim?
In a personal injury case, the victim would usually end up filing their own claim. Obviously, that’s not going to work in a situation like this. Someone needs to file a wrongful death claim on behalf of the deceased, and state law dictates who is and isn’t allowed to do that.
In New Jersey, the executor of the estate has that power. As they settle the other affairs of the deceased, like paying taxes and notifying beneficiaries, they can also sue for wrongful death and try to collect damages for the loved ones of the deceased.
What Kinds of Damages Can Be Awarded?
The damages awarded for a wrongful death claim are similar to the ones awarded for personal injury claims, but there are some differences in what a plaintiff can ask for and how total awards could be calculated. Your compensation could help make up for things like:
- Your loved one’s last medical expenses
- The costs of the funeral and burial
- The economic contribution your loved one made to the household
- Loss of companionship or guidance
- Pain and suffering
Do I Need a Lawyer?
It’s not easy to prove negligence on your own. A personal injury attorney can help you build the most convincing case possible. We can also negotiate with the insurers on your behalf and make sure that your claim is filed before the statute of limitations expires. You have a lot on your plate right now, so let us take care of the paperwork and everything else that needs to be done to make things right.
Meet With Our Legal Team
So if you believe that someone else’s actions or negligence caused the death of your loved one, we want to help you. Contact Laddey Clark & Ryan, LLP to schedule a consultation with our team. We can tell you more about what our seasoned attorneys can do to help you.
