A wrongful death claim is similar to a personal injury claim in many ways. Both are filed in similar situations, like when someone else’s negligence causes harm. Who can file each type of claim can differ though, and there are also some different considerations to make when calculating what kinds of damages the bereaved should be awarded. Our Monmouth County wrongful death attorneys can tell you more about how this process works and what you should know before making a claim.
When Can a Wrongful Death Claim Be Filed?
A wrongful death claim can be filed after a car accident, a slip and fall, or any other kind of accident. It’s just like a personal injury claim, but instead of claiming that someone’s negligence just caused injuries, you are claiming that their negligence caused the death of your loved one. This is obviously a more serious accusation, but the process for building up a case and proving negligence remains largely the same.
Who Can File a Wrongful Death Claim?
Since the victim cannot file a claim themselves, someone else must make the wrongful death claim. According to New Jersey state law, this means that the executor of the decedent’s estate would have to take legal action. The executor is someone chosen in a will to carry out the last wishes of the deceased and handle their remaining affairs. While they notify beneficiaries, pay the estate’s taxes, and carry out their other tasks, they are also responsible for making a wrongful death claim on behalf of the deceased and their family.
What Kinds of Damages Can Be Won?
Your compensation in a case like this should address the economic and non-economic costs of the accident that took the life of your loved one. Medical expenses, funeral expenses, and the loss of your loved one’s economic contributions to the household should obviously be considered, but the loss of your family member means far more than that.
Your entire family is suffering. They lose out on this person’s companionship, guidance, and advice. All of this needs to be considered when fair compensation is calculated.
How Can a Lawyer Help Me File a Wrongful Death Claim?
A lawyer can do a lot to help you with your case. They can:
- Make sure you file before the statute of limitations runs out
- Help you gather evidence
- Connect you with expert witnesses who can strengthen your case
- Calculate fair compensation
- Negotiate with insurers on your behalf
We can focus on the paperwork while you focus on taking care of your family in this difficult time.
Ask About Our Free Case Consultations
If you want to make a claim on behalf of your loved one, contact the Wilton Law Firm. We can tell you more about how this process works and what our lawyers can do to help you claim maximum compensation.
