Losing a loved one is painful, but it’s especially traumatic when a sudden accident takes them away from you. If you believe that someone else’s negligence caused the death of your loved one, you may be able to file a claim and pursue wrongful death damages. The Monmouth County wrongful death attorneys from our firm can help you with this process.
Who Can File a Claim After a Deadly Accident?
In New Jersey, the executor of the deceased’s estate is allowed to file a claim and pursue a wrongful death case. Generally, this case is pursued on behalf of a close relative by blood or marriage, like a surviving spouse, the children of the deceased, or the parents of the deceased.
What Kinds of Damages Can I Win After I File a Claim?
When you sue for wrongful death, you are suing for two broad types of damages. There are:
Economic damages: These are meant to make up for the monetary costs of an accident and its aftermath. In a wrongful death case, it should cover the last medical care your loved one received, make up for the deceased’s economic contribution to the household, and help cover funeral costs.
Non-economic damages: These compensate you for the things that are harder to assign a monetary value to. Non-economic damages are meant to make up for the loss of companionship and pain and suffering you and your family will experience as a result of your loved one’s absence.
How Long Do I Have to File My Claim?
You do not have an unlimited amount of time to file a claim. New Jersey gives families two years to sue for wrongful death after a fatal accident. It is important to note that this timer starts when your loved one passes away, not on the date of the accident. So if someone receives medical care and passes away three days after an accident, the statute of limitations begins to run out starting on that day.
Should I Take the First Offer From an Insurance Company?
After an accident, you may be contacted by the other driver’s insurance company with an offer. It may be tempting to take this settlement and move on, but we do not recommend it.
The first offer from an insurer is the least they can get away with giving. You need to take a full accounting of the costs of this accident and the loss of your loved one before rushing into any kind of settlement. A lawyer from our firm can calculate fair compensation and then help you fight for a better offer.
Schedule a Consultation Today
When you are ready to learn more about your legal options and wrongful death claims, contact the Wilton Law Firm. We can schedule a free initial consultation and case appraisal for you. Reach out to our legal team.
