A wrongful death occurs when your loved one died due to the actions or negligence of another person. The knowledge that your loved one’s death occurred because of another person’s actions often adds to the grief you already feel. In these circumstances, you may wish to pursue a wrongful death lawsuit.
Main Causes of Wrongful Death
Wrongful death accidents occur in a variety of situations. Some of the most common causes include:
- Motor vehicle accidents
- Bicycle accidents
- Violent crime
- Work injuries
- Medical malpractice
- Slip-and-fall accidents
- Watercraft accidents
- Defective products
Personal Injury vs. Wrongful Death
In personal injury cases, the plaintiff must file a lawsuit due to their own injury. In a wrongful death case, the plaintiff must file the suit based on the loss of a loved one. One of the ways to recognize a wrongful death claim involves determining if the deceased could have filed a personal injury lawsuit if they had survived the accident. If the answer is yes, then their surviving loved ones may want to file a lawsuit.
Ability to File a Lawsuit
The law in New Jersey and many other states restrict who can file a wrongful death lawsuit. In New Jersey, only the following people can file a lawsuit alleging a wrongful death:
- Spouse
- Children
- Financially dependent family members
- Legal personal representative of the estate
Compensation in a Wrongful Death Case
In New Jersey, you may only seek financial losses in a wrongful death case. These losses include:
- Loss of their income
- Loss of their services, such as childcare
- Medical expenses
- Funeral expenses
Importance of Acting Quickly
Grieving the loss of a loved one may take years. Unfortunately, the state of New Jersey only allows you two years to file a wrongful death lawsuit. After that period has passed, you can no longer attempt to collect financial compensation.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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