Wrongful Death Suit: Who Can File?
There is nothing more shocking than an unexpected death of a friend, family member, or other loved one. Nothing can truly prepare you emotionally for that type of incident. It comes with shock, sadness and other feelings of loss.
It sounds bad enough, but those feelings can get even worse if it turns out that the death of your loved one came about due to the negligence of another. If your loved one died because of a wrongful act or the negligence, carelessness, or recklessness of another human being or organization, it is called a wrongful death.
The only silver lining to a wrongful death is the fact it gives you the ability to pursue legal recourse in order to help with any damages suffered in relation to the death of your loved one. But before you get ready to file suit, it is important to know exactly who has the power to bring forth a wrongful death claim.
Surviving Family Members Have the Power
It is also important to note that wrongful death claim laws can vary from state to state. In New Jersey, a wrongful death claim can be brought on behalf of the surviving family members. The claim is normally filed by a personal representative or executor of the estate.
Now, just because you have the power to file a wrongful death suit does not mean you will recover any damages. This is because damages recovered are distributed amongst surviving family members were are actually dependent on the deceased at the time of death. They can also be distributed to who is entitled to inherit from the deceased, per New Jersey’s inheritance law.
The following are those who may get a portion of damages recovered in a wrongful death claim:
- Surviving parents of deceased
- Surviving spouse plus children or grandchildren
- Surviving siblings, nephews, or nieces of the deceased
- Any person able to prove actual dependence on the deceased
When it comes down to it, damages that can be recovered are for things like loss of financial support, companionship, the value of household services and reasonable funeral, medical and burial expenses related to the deceased’s injury or illness.
Wrongful Death Attorney in New Jersey Will Help
Of course, a wrongful death claim is not as simple as filling out and handing in a form. In fact, there is even a statute of limitations that applies to the filing of a wrongful death suit in New Jersey.
That is why you should not delay in contacting an experienced wrongful death lawyer for your claim. In New Jersey, turn to the Law Offices of Richard A. Stoloff. With over 25 years of experience, Mr. Stoloff will assess your situation and do all he can to help.
Contact him today by filling out the online form.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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