When your loved one passes away in an accident, you may want to sue for wrongful death. If you believe that someone else was to blame for what happened, this makes sense. However, you should know that not just anyone can file a wrongful death suit on behalf of a family member. Here’s what you should know before you talk to our Monmouth County wrongful death attorneys.
Who Can File the Wrongful Death Suit?
A family member can file a wrongful death suit, but they must also be the executor of the decedent’s estate. This is a role that can be assigned by the will of your relative or by the court, if they don’t have a will. Then the proceeds from the case would go to close family members, like the surviving spouse or children.
What Kinds of Damages Can Be Won in a Wrongful Death Suit?
Damages in a wrongful death suit should address the economic contribution of your loved one to your household and the pain and suffering caused by their passing. A reasonable compensation offer should make up for things like:
- Your loved one’s final medical expenses
- The funeral costs for your loved one
- The income and potential future income of the decedent
- The pain and suffering experienced by the decedent and their family members
How Long Do I Have to File a Wrongful Death Suit?
The executor has two years to file a wrongful death suit. We recommend acting faster if you can though. The sooner you file your suit, the sooner your attorney can get to work gathering evidence, talking to witnesses, and building your case.
Will I Have to Go to Trial?
It’s possible, but unlikely. Many cases like these are settled out of court. Your lawyer will do their best to secure a fair settlement offer. If an agreement cannot be reached, then litigation is an option. We can prepare you for testimony and tell you more about how the trial process works so that you don’t get overwhelmed.
How Can a Lawyer Help?
There are many benefits to having an experienced attorney on your side when you file a wrongful death suit. Your lawyer can:
- Help you gather useful evidence
- Connect you with expert witnesses, like medical experts or accident reconstruction experts
- Help you file a suit before the statute of limitations expires
- Calculate fair compensation
- Communicate with insurers and other lawyers on your behalf
We are ready to fight for the compensation that you and your family deserve.
Contact Our Law Firm
If you want to make a wrongful death claim, contact the Wilton Law Firm and ask to schedule a consultation. This initial case evaluation is free, so take the time to learn more about your options and the potential value of your lawsuit.
