Edison Wrongful Death Lawyer

Fatal accidents can have a number of devastating effects on families. In addition to losing the love and support of a family member, losing a parent or guardian to an accident can lead to financial difficulties.

Surviving family members can pursue a wrongful death claim if the accident was caused by negligence. You should speak with an Edison wrongful death lawyer immediately if you have lost a loved one due to negligence. Our personal injury attorneys are ready to support your family during this difficult time.

Certain Legal Claims Do Not Expire at Death

When someone’s death is caused by a wrongful act or neglect, New Jersey Statutes § 2A:31-1 states that the responsible party is still liable for damages as though the death had not occurred. Since the accident victim is deceased, the victim’s surviving family members or individuals financially dependent on the deceased can file a wrongful death lawsuit. The following family members can pursue a wrongful death claim:

• Spouse
• Children
• Grandchildren
• Parents
• Sibling

A court will distribute any compensation from a wrongful death lawsuit in a fair and equitable proportion to eligible surviving family members. 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 economic losses, like funeral expenses, medical costs or hospital bills, and lost future wages. Damages can also include immeasurable noneconomic losses like pain and suffering of the deceased and emotional distress for the surviving family. An Edison wrongful death lawyer can advise surviving family members on the potential damages available based on the case.

While a wrongful death suit is brought for the benefit of surviving family members, the executor of the decedent’s estate must initiate the lawsuit. If the defendant dies without a will, or intestate, a probate court will appoint an executor of the estate.

Limited Time to File a Wrongful Death Claim

The decedent’s estate only has a limited amount of time to file the wrongful death claim. N.J. Stat. § 2A:31-3 states that plaintiffs must file wrongful death claims within two years of the death of the decedent. If the claim is not brought within this time period, a court will dismiss the lawsuit, and the surviving family will lose their ability to recover damages.

However, an Edison wrongful death attorney could discuss potential exceptions to this deadline. If the surviving family member is a minor, the statute of limitations will not begin to toll until their 18th birthday. If the surviving family is unaware that the death was caused by a wrongful action or negligence, the statute of limitations will not begin until the negligence reasonably should have been discovered.

Victim’s Own Negligence May Limit Damages

Many accidents are caused by more than one party’s negligence. If the deceased’s own negligence contributed to the deadly accident, the court may limit the surviving family’s ability to recover damages.

When more than one party is responsible for the accident, the state follows the doctrine of modified comparative negligence. The court will typically assign a percentage of responsibility when determining damages. According to N.J. Stat. § 2A:15-5.1, an injured victim can still pursue damages as long as their responsibility does not outweigh the defendant’s negligence. This rule is sometimes called the 51 percent rule. As long as the decedent remains 50 percent or less responsible for the accident, they can still recover damages. However, the court will reduce their damages in proportion to their percentage of responsibility.

An Edison lawyer can advise if contributory negligence will play a role in a wrongful death lawsuit.

Talk to an Edison Attorney Today About Wrongful Death Claims

Contact an Edison wrongful death lawyer if you have lost someone you love due to negligence. An attorney can advise you on the validity of your claim and help you understand who should file the wrongful death claim.

Garces, Grabler & LeBrocq has extensive experience handling wrongful death actions. We will fight hard to maximize the value of your case or obtain the best possible settlement.