Freehold Wrongful Death Lawyer

Accidents such as car crashes, workplace injuries, and medical malpractice can often lead to death. If you have lost a loved one due to an accident, you can still take legal action.

Surviving family members of a deceased accident victim have the right to file a wrongful death lawsuit. Contact a Freehold wrongful death lawyer immediately if someone you love died due to suspected negligence or wrongful actions. A personal injury attorney is ready to support your claim.

The Deceased’s Estate Must File a Wrongful Death Lawsuit

When an accident is caused by negligence or wrongful actions, New Jersey Statutes § 2A:31-1 says that the legal claim remains if the incident causes a victim’s death. Since the victim cannot pursue the damages themselves, a Freehold lawyer can help their surviving family file a wrongful death action.

However, N.J. Stat. § 2A:31-2  requires that the lawsuit is initiated by the deceased’s executor of estate. This person is typically named in the deceased’s will. If the deceased died without a will, a probate court will name someone to administer the estate.

The executor of estate will still bring the lawsuit for the benefit of the accident victim’s surviving family, including the deceased’s:

• Spouse
• Children
• Parents
• Siblings
• Other family members financially dependent on the deceased

The executor must file the wrongful death claim within two years, according to N.J. Stat. § 2A:31-3. If the wrongful death claim is successful, the court has the discretion to distribute the proceeds to surviving family members in a fair and equitable manner.

Proving Negligence in Wrongful Death Claims

A variety of deadly accidents can lead to wrongful death claims. Regardless of the type of accident, the wrongful death suit must prove that the responsible party was negligent.

The first element of a successful negligence claim is proving that the defendant violated a duty of care. For example, motorists have a duty to operate their vehicles in a reasonable manner, and property owners have a duty to keep their premises reasonably safe.

If there is proof the defendant breached a duty of care, the plaintiff must next prove that this violation was the direct cause of their injuries. Additionally, the plaintiff must also suffer damages.

Surviving family members can pursue economic damages, which have a measurable financial value, including lost future wages, funeral expenses or burial costs, and medical bills. Plaintiffs can also pursue immeasurable noneconomic damages, such as compensation for the emotional distress of surviving family members.

A Freehold wrongful death attorney can help advise clients on the best potential evidence to prove their negligence claim.

Wrongful Death Lawsuits Vs. Survival Actions

Many accidents that trigger wrongful death lawsuits can also lead to survival actions. According to N.J. Stat. § 2A:15-3, the decedent’s estate can also pursue a survival action if the defendant would have had a claim if they survived.

Like wrongful death actions, a survival claim is also brought by the decedent’s estate. The main difference between these legal actions is that wrongful death lawsuits are brought for the benefit of the surviving family, while survival actions compensate the decedent’s estate for damages they would have received if they survived.

While wrongful death and survival lawsuits are distinct legal actions, negligent fatal accidents can often give rise to both claims. A Freehold wrongful death lawyer could advise if a family also has a valid survival action.

Speak With a Freehold Attorney Today About Wrongful Death Claims

Dealing with the aftermath of losing a family member is an emotional time. You should hire a knowledgeable Freehold wrongful death lawyer if you have lost a loved one in an accident.

Our legal team will fight on your behalf to help you maximize recovering compensation. Garces, Grabler & LeBrocq treats clients like family and will never under settle your claim. Call today.