Did someone you love pass away due to someone else’s negligence? Have you lost your quality of life due to losing the deceased’s income and companionship? If so, you may be eligible to file a wrongful death lawsuit in New Jersey.
Wrongful Death in New Jersey
According to New Jersey law, there are three main types of wrongful death situations in the state: negligence-based accidents, medical malpractice, or intentional acts. These include situations such as car accidents, premeditated murder, or botched surgeries, among others. A wrongful death attorney Jersey City NJ can talk to you about your specific situation and tell you if the state considers it a wrongful death.
Filing the Wrongful Death Lawsuit
In the state of New Jersey, surviving family members cannot file a wrongful death lawsuit unless they are the personal representative of the person’s estate (this is also known as the executor of the will). If the deceased did not have a representative named, then the court will appoint someone to act for the case and file the lawsuit. Keep in mind that there is a statute of limitations as well. Typically, you have two years from the date of death to file the suit; however, there is no statute of limitations if the death was the result of a murder or manslaughter and the aggressor was convicted, was an adjudicated delinquent, or was found not guilty by reason of insanity.
Damages in a Wrongful Death Lawsuit
There are several types of damages you can claim when filing a wrongful death lawsuit in New Jersey. They include loss of financial support, loss of companionship, loss of household services, and medical, funeral, and burial expenses. Even though the representative must file the lawsuit, the damages will go to the survivors of the deceased, such as the spouse, children, or grandchildren. Surviving parents, siblings, nieces, or nephews may also qualify, depending on the circumstances.
If you lost a loved one and it has taken a financial toll on your life, don’t continue to struggle. Talk to a wrongful death attorney to see what your options are.