When someone passes away in an accident, that’s tragic. When it’s clear that this accident only occurred due to someone else’s negligence, that can be infuriating. As a family member of the deceased, you may want to file a wrongful death suit. However, not just anyone can file a lawsuit on behalf of your deceased family member. A New Jersey wrongful death lawyer can tell you more about the rules and everything else that you should know before pursuing legal action.
Which Family Member Can File a Wrongful Death Suit?
In some states, the closest family member, like a spouse or child, often gets the right to file a wrongful death suit. In New Jersey, only the executor of someone’s estate can file a wrongful death lawsuit on their behalf. If the person who passed away did not have a will where they named an executor, the court will appoint one.
Can Multiple People File a Wrongful Death Suit?
The executor is the only person who gets to file a lawsuit and pursue wrongful death damages on behalf of the family. Multiple people are obviously going to be affected by someone’s death, but that doesn’t mean that they all can file suit. Only the executor can sue for damages and the compensation won from a successful lawsuit is split up among heirs according to state laws.
What Kinds of Damages Can I Win in a Wrongful Death Suit?
When you sue for damages after a wrongful death, you can receive compensation for the economic costs of the accident and the emotional turmoil you and your family have experienced as a result of the untimely death of your loved one. A fair compensation offer should help address:
- The cost of your loved one’s medical care
- Burial and funeral costs
- Pain and suffering
- Loss of consortium, companionship, or mentorship
- Loss of inheritance
Will I Need to Go to Trial?
It is possible, but many cases like these settle before that point. A lawyer from our firm can help you negotiate a fair settlement with the insurance company before you have to set foot into a courtroom. If an agreement cannot be reached, we’ll help you prepare a case that can succeed in court in front of a judge and jury.
Should I Hire a Lawyer?
You are not required to hire a lawyer, but one can do a lot to assist you with your case. An attorney from our firm can:
- Help you gather evidence
- Connect you with expert witnesses
- Handle communications and negotiations on your behalf
- Answer your questions about the legal process
- Calculate fair compensation
- File a suit before the statute of limitations expires
Contact Our Law Firm
If you are eligible to file a wrongful death suit, contact the Law Office of Craig M. Rothenberg. We can schedule a consultation and tell you more about this process and what kinds of damages can be won. Our attorneys are ready to advocate for you and your family.
