Fatal Accident Attorneys in Freehold NJ
Tragically, individuals are killed in car accidents, slip and fall accidents, and many other types of accidents in Monmouth County, New Jersey. Virtually any event, whether it be a truck collision, plane crash, motorcycle accident, or medical malpractice can result in the loss of a loved one. If you can prove that a person, business, organization, or another party did not exercise reasonable care, and their negligence resulted in the harm that ultimately caused your loved one’s death, you may have a wrongful death claim. Although nothing can bring back a loved one who has been tragically lost, you may be able to recover compensation for some of the losses associated with their fatal accident. A successful wrongful death lawsuit can also provide some sense of justice for you and your family, that the person responsible has been called to account for the unthinkable pain they have caused.
If you or someone you love has questions about a potential wrongful death claim in Monmouth County, NJ, seek guidance from a knowledgeable Monmouth County Wrongful Death Attorney on our team today. We represent individuals who have lost loved ones in Howell, Holmdel, Freehold, Long Branch, Middletown, and throughout Monmouth County and surrounding areas. Call us today at (732) 303-7857 or contact us online for an absolutely free consultation.
Wrongful Death Lawsuits in Monmouth County NJ
Wrongful death lawsuits apply when someone causes harm to another person, which results in their death. This is also known as a fatal accident claim. When a person negligently causes harm to your person or your property in New Jersey, you will often have what is called a “personal injury claim” against that person. If that harm causes death to a loved one, this becomes a wrongful death claim.
The New Jersey Wrongful Death Act is codified under N.J.S.A. 2A:31-1. According to this law, “wrongful death” is defined as a death caused by neglect, a wrongful act, or default of another. To bring a wrongful death lawsuit in Monmouth County, the deceased person must have been able to bring a personal injury lawsuit themselves (if they had lived) against the defendant who caused the harm in question.
Who can Bring a Wrongful Death Claim in Monmouth County
If someone dies as a result of negligence, their estate may bring a wrongful death claim. Essentially, the estate refers to the legal entity comprised of the deceased person’s assets, including any legal claims, at the time of their death. Any damages recovered from a successful wrongful death lawsuit will be distributed to the deceased person’s dependents. Dependents can include a surviving spouse or children, surviving parents, siblings, nieces, nephews, and/or any person who can prove that she or he was “actually dependent” on the person who passed away.
Recoverable Damages from Fatal Accidents in Monmouth County
The wrongful death act specifically permits damages for the economic losses and pecuniary losses that a family will suffer after the individual passes away. Compensation from a wrongful death lawsuit can include medical and funeral bills, the cost of future economic support that would have been provided to the deceased person’s dependents if the deceased had lived to their full life expectancy, and loss of consortium with the person who passed away.
A jury may award damages for the loss of guidance advice and or counsel that the decedent may have provided to his or her family in the course of either personal or business decisions. Additionally, any lost income or lost earning potential of the decedent is recoverable in a Monmouth County wrongful death lawsuit. Lost future earnings are often an area of a wrongful death case that is disputed between the two parties. In considering future earnings, the jury can obviously consider the earnings of the decedent at the time of his or her death. However, the jury may also consider the individual’s potential future earnings, taking into account promotions and/or raises throughout the individual’s career. The jury can also consider the time during which the decedent would have likely continued working. Often, both the plaintiff and the defendant will hire expert economists to testify about the future earnings of the decedent.
Survival Act
Depending on the circumstances of your loved one’s fatal accident, you may be able to obtain compensation with a survival action. The New Jersey survival act is outlined in N.J.S.A. 2A:15-3. A survival action is the type of action that allows for compensation to be paid to the victim’s family for any type of pain and suffering that occurred between the negligent act and the time of death. The survival action takes into account any minute, hour, day or year that the victim suffered before death. This action allows the jury to consider both the physical and emotional pain of the decedent before they passed away.
Time Limit for Filing a Monmouth County Wrongful Death Claim
There is a strict time limit on filing a wrongful death claim in New Jersey. The person bringing the claim has two years to file the lawsuit. This clock starts running at the time of the victim’s death. If you suspect that a loved one died as a result of negligence, it is highly advisable to consult with an experienced wrongful death lawyer as soon as possible. Your lawyer will need to begin evaluating the circumstances of your loved one’s death and gathering evidence to support the lawsuit prior to filing a wrongful death claim. Typically, when a wrongful death occurs in Monmouth County, the lawsuit is filed in the Monmouth County Superior Court which is located in Freehold, New Jersey.
Consult a Monmouth County NJ Wrongful Death Attorney Today
If your family has suffered the tragic loss of a loved one and you would like to speak to one of our Monmouth County wrongful death lawyers, contact our office day or night. Our attorneys are compassionate and aggressive attorneys. Call us today at (732) 303-7857 for immediate assistance.
