The loss of a loved one can be heartbreaking. However, when their death was the result of another party’s negligent actions, it can be even more devastating. In New Jersey, the surviving family members of the victim may be eligible to seek compensation through a wrongful death claim. As such, understanding who can file, what damages may be recoverable, and the statute of limitations for these claims is critical. The following blog explores what you should know about these matters and the importance of working with Monmouth County wrongful death attorneys to help you fight for the justice your family deserves.
A wrongful death claim can arise when a person’s death is the result of another party’s negligence or neglect, and the deceased would have been entitled to a personal injury claim had they survived. It is critical to understand that this is not a criminal matter, but rather a civil claim that allows surviving family members to recover compensation.
It’s necessary to understand that wrongful death claims in New Jersey must be filed by the personal representative of the estate, meaning the executor or administrator. Surviving family members cannot bring forth a claim on their own, as the representative will file the claim on behalf of all eligible beneficiaries of the deceased.
It’s also critical to understand that, in accordance with N.J.S.A. 2A:31-4, damages are distributed to eligible beneficiaries in proportion to the financial losses suffered, not in accordance with the terms of the will.
While both wrongful death and personal injury claims are the result of another person’s negligent actions, they differ in regard to who files the claim and the recoverable damages available.
In the event that the individual suffered prior to their passing, the estate representative may seek a separate “survival action” to recover damages for matters like pain and suffering and medical bills.
Wrongful death damages are generally economic in nature. It’s important to understand that, unlike the majority of states, New Jersey does not allow for the award of non-economic damages under the Wrongful Death Act, though the financial losses recovered can be significant.
In legal terms, wrongful death is caused as a consequence of someone’s neglect, abuse, or carelessness. Additionally, if it weren’t for this act, the death would not have happened.
In the state of New Jersey, all claims of wrongful death must be filed within two years of the day the person died. This means that you cannot waste time when it comes to filing this claim. Failing to bring forth a claim within this timeframe can bar the recovery of damages, even when negligence is obvious.
Retaining an attorney after an injury-causing accident is the most effective way to ensure that you receive the compensation to which you are legally entitled. To learn more about how we can help you, call the Wilton Law Firm today at 732-275-9555 or send us an email through our online contact form.
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