It’s tragic when a loved one passes away in an accident, but it’s even more frustrating when you believe that someone else’s negligence contributed to their death. If you think that someone else caused the car crash, fall, or other accident that led to the death of your relative, you may want to sue for wrongful death damages. There are specific rules about who can file a wrongful death suit though, so let a Monmouth County wrongful death lawyer tell you what you should do next.
Who Can File the Wrongful Death Suit?
In many states, a close family member of the deceased would be able to file a wrongful death suit. There might be some order of priority, but eventually the person who should bring forward a lawsuit can be decided upon.
This is not the case in New Jersey. In this state, only one person has the right to sue for wrongful death. That’s the executor of the decedent’s estate. If the decedent did not have a will where they selected an executor, the court will assign one. As this person helps manage the final affairs of your loved one, they can sue for wrongful death as long as they act within the next two years.
What Can Damages in a Wrongful Death Suit Cover?
Damages in a wrongful death suit can help cover expenses relating to your loved one’s death, but they can also help address the emotional and psychological pain that this loss has caused you and your family. A fair compensation offer would be calculated with the following in mind:
- The final medical costs of your loved one
- Funeral or burial costs
- Your loved one’s income and potential future income
- Loss of companionship or mentorship
- Emotional distress
- Trauma
- Pain and suffering
Should I Take the Insurance Company’s Offer?
You may receive an offer from an insurance company when you first make a wrongful death claim. We recommend talking to a lawyer before taking this initial settlement offer. It can be tempting to just get this all over with, but insurers want to get out of accidents like this for as little money as they can. It is unlikely that their first offer will be robust enough to compensate you and your family for the pain you have experienced.
Why Should I Hire a Lawyer?
You are not required to hire a lawyer, but an experienced wrongful death attorney can do a lot to help you build a stronger case. They can:
- Gather evidence
- Connect you with expert witnesses
- Handle all communications on your behalf
- Field settlement offers
- Remind you about important dates and deadlines
- Answer any questions that you have about the legal process
Talk to Our Legal Team
When you are ready to learn more about your legal options, contact Falcon Law Firm. Schedule a free consultation with our team and we’ll tell you more about how we can assist you with a wrongful death suit.
