Taking a look at dooring accidents
Losing a loved one is always devastating, but it’s particularly heartbreaking when that loss is caused by the negligence or wrongdoing of another. If you lost your loved one and believe you have a valid wrongful death claim, our dedicated and compassionate team of Jersey City injury lawyers stands ready to fight for the justice you deserve. Contact Lerner, Piermont, Riverol & Lawlor, P.A. for an initial consultation so we can discuss your case.
A wrongful death claim arises when a person’s death is caused by the negligent, reckless, or intentional actions of another. To have a valid wrongful death claim in New Jersey, you must prove that the responsible party’s conduct must be the kind of action (or inaction) that would have allowed the deceased to file a personal injury lawsuit if they had survived.
Importantly, however, not every tragic death will result in a wrongful death case. For example, if a person passes away due to natural causes or in a situation where negligence or a wrongful act cannot be proven, there is no valid claim.
Not just anyone affected by the loss of a loved one can file a wrongful death claim in New Jersey. The law specifies that the claim must be filed by the personal representative of the deceased person’s estate. This representative is often named in the will, but if the individual did not have a valid will, the court may appoint one. Although the personal representative files the claim, the lawsuit is pursued on behalf of the deceased person’s survivors who are eligible to recover damages.
Typically, those who may benefit include a surviving spouse, children, and, in some cases, parents. If none of those relatives are available, other dependent relatives may qualify. Importantly, the priority is given to those who were financially dependent on the deceased.
The purpose of a wrongful death lawsuit isn’t to put a dollar amount on the value of a person’s life, because no amount of money can ever replace a loved one. However, at the very least, compensation can help relieve the financial burden caused by the loss.
In a successful wrongful death claim, survivors may recover the value of the financial support the deceased would have provided. This includes lost income, lost benefits such as health insurance or retirement contributions, and the value of household services like home maintenance.
Families may also seek damages for the loss of companionship, guidance, and care. Children who lose a parent, for example, suffer the absence of both emotional support and the parental instruction they would have received throughout their lives. Similarly, a surviving spouse may recover for the loss of marital companionship.
Finally, wrongful death damages can cover funeral expenses, burial costs, and medical bills related to the final injury or illness.
In New Jersey, the statute of limitations for filing a wrongful death claim is, typically, two years from the date of the person’s death. Waiting longer than this timeframe will most likely result in you losing your right to pursue compensation. Families often hesitate to pursue legal action immediately after a loss, which is understandable, given the grief involved. However, speaking with an attorney sooner rather than later can protect your rights while allowing you to focus on healing.
If you lost a loved one due to another party’s negligence or misconduct, our wrongful death lawyers are here to represent you, every step of the way. Contact Lerner, Piermont, Riverol & Lawlor, P.A. today to schedule a free consultation with our compassionate legal team.
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