Dover Wrongful Death Lawyer

Deadly accidents can have a devastating emotional and financial impact on families. When the accident was caused by negligence, the deceased’s surviving family can pursue a wrongful death lawsuit.

You should speak with a Dover wrongful death lawyer if you have lost a loved one due to suspected negligence. A personal injury attorney can help you recover compensation for losses suffered due to the accident.

Types of Accidents That Lead to Wrongful Death Claims

Dangerous accidents can happen anywhere. When an accident caused by negligence leads to injuries, the victim will typically pursue a negligence lawsuit.

If the victim dies due to an accident caused by a wrongful act or negligence, New Jersey Statute § 2A:31-1 provides that the responsible party is still liable for damages. A wrongful death lawyer in Dover could help a family identify the responsible defendant, which will depend on the type of accident.

A wide range of accidents can potentially lead to a wrongful death lawsuit, including:

• Vehicular crashes, including cars, trucks, motorcycles, or pedestrians
• Workplace accidents
• Medical malpractice
• Construction site accidents
• Defective products
• Exposure to hazardous substances
• Slip and fall accidents

These accidents are often caused by a failure to use reasonable care, which is the first element of a negligence claim. Further, the defendant’s breach of care must be the proximate cause of the victim’s injuries. For example, drivers have a duty of care to obey state traffic laws. If illegal reckless driving causes a deadly car crash, the responsible party could be liable for negligence in a wrongful death lawsuit.

Who Can File a Wrongful Death Claim?

The deceased’s surviving family members are not permitted to initiate the wrongful death lawsuit. N.J. Stat. § 2A:31-2 states that the suit must be filed by the executor of the decedent’s estate. If the decedent died without a will, then a probate court will appoint an executor. If the decedent had a will, the document will appoint an administrator for the estate.

Further, the state’s statute of limitations requires that the executor must file the lawsuit within two years of the decedent’s passing. If a plaintiff fails to meet this deadline, the court will dismiss the action.

Even though the executor of the estate will initiate the claim, the lawsuit is still brought for the exclusive benefit of surviving family members. Eligible family members may include the deceased’s:

• Surviving spouse
• Children
• Parents
• Grandparents

The court also has the authority to distribute wrongful death compensation to other individuals who were financially dependent on the deceased. A Dover lawyer could advise the executor of an estate when filing the wrongful death claim.

Damages Available in Wrongful Death Claims

Surviving family members can pursue a variety of damages when filing a wrongful death claim. According to N.J. Stat. § 2A:31-5, the court may award fair damages stemming from the surviving family’s monetary losses. Potential damages can include:

• Medical expenses or hospital bills
• Funeral expenses
• Loss of financial support
• Lost companionship
• Loss of relations with a spouse or domestic partner
• Emotional distress of family members
• Lost future wages

A Dover lawyer can help a family maximize the value of the wrongful death case and ensure they don’t undersettle.

Contact a Dover Attorney About Wrongful Death Claims

You can still take legal action when negligence or intentional misconduct leads to a loved one’s death. Contact a Dover wrongful death lawyer as soon as possible to discuss how you can recover compensation. Our team of tenacious litigators is ready to fight on your behalf. Garces, Grabler & LeBrocq prides itself on treating clients like family.