Losing a loved one can be devastating. You may be paying out of pocket for the serious expenses; worse, you may know someone else caused their suffering. Their injuries may have come from serious negligence on the part of the at-fault party.
At Spear Greenfield, we know recovery from a significant family loss can be challenging. Fortunately, you do not have to face this situation alone. Reach out to a Camden, NJ personal injury lawyer to learn more about your options to file a personal injury claim and obtain fair compensation.
Common Accidents that Cause Wrongful Death in Camden NJ
Fatal accidents can happen at any time to anyone. One slip and fall can cause deadly injuries, and any car accident can lead to tragedies. Because of this, wrongful death claims can vary. Fortunately, our lawyers at Spear Greenfield have decades of experience, so you can expect the help you need no matter what caused your loved one’s fatal accident.
Below are some common types of fatal accidents in Camden, NJ, that our lawyers are prepared to handle:
- Motor vehicle accidents involving cars, trucks, or motorcycles
- Work accidents
- Pedestrian accidents
- Dog attacks
- Medical malpractice
New Jersey Wrongful Death Laws
You may have grounds for a lawsuit when you have lost a loved one. Unfortunately, a wrong step could cost you your compensation.
Protect your compensation with a Camden wrongful death lawyer’s help. Here are a few laws your lawyer will help you follow to maximize compensation.
Filing a Wrongful Death Lawsuit
When filing a wrongful death lawsuit in New Jersey, determining who can file a wrongful death claim and who can benefit from that claim is vital. Your family may have paid the death costs, which can be a major hardship for your family.
In New Jersey, the executor of the deceased’s estate, or personal representative, must bring the claim. Typically, this person is named in a will, but the court would appoint an administrator if the deceased did not have a will under N.J. Stat. §2A:31-2.
However, that does not mean the family cannot receive compensation. The surviving spouse or children, surviving parents, or other surviving relatives dependent on the deceased may be eligible for compensation.
The Burden of Proof
When filing a wrongful death claim, it is the responsibility of the person filing the claim (the plaintiff) to prove the other party was responsible for the accident. If your wrongful death lawyer in Camden NJ cannot prove this, you may lose your chance at compensation.
Remember that the burden of proof is not as high as it may be with criminal cases, where you must prove a crime was committed beyond a reasonable doubt. Because of this, if your loved one died because of another person’s criminal actions, that evidence can help your claim succeed.
The Statute of Limitations
When your loved one passes away because of the negligence of another party, the clock on your case starts ticking. Personal injury lawsuits all have a time limit or statute of limitations. This limit defines how long you can wait before you file.
If you do not file in time, your claim may be dismissed, leaving you to pay out of pocket for the expenses you have suffered because of their death.
For New Jersey residents, the time limit is two years. You will need to file your claim within this time to avoid dismissal.
Keep in mind, though, that there are exceptions. For example, according to N.J. Stat. § 2A:31-3, this statute of limitations does not apply to cases where the death was caused by murder or manslaughter.
Camden Wrongful Death Lawyer Near Me (215) 985-2424
Compensating Camden, NJ Wrongful Death Victims and Surviving Family
When you have lost a loved one in a fatal New Jersey accident, you may need help covering the costs of your suffering or damages. These damages may be losses suffered financially or pain and suffering caused by the accident. Your wrongful death lawyer in Camden has the tools to calculate both damages.
Your economic damages should typically cover any expenses caused by the loved one’s death. For example, final medical bills, funeral and burial expenses, and loss of financial support should all be considered part of your claim.
Likewise, you may be eligible for non-economic damages or the suffering you and your family experienced because of this death. These damages include loss of companionship, pain and suffering, and other intangible suffering. Your lawyer can help you calculate these damages, which can be complex.
How the Wrongful Death Claims Process Works in Camden, NJ
When facing a wrongful death claim, you need to know what to expect from Camden, NJ, courts and what steps you need to take for a successful claim. A wrong step can cost you your claim. Once you know you are eligible for compensation, you and your wrongful death attorney in Camden NJ will file a claim with the local small claims court. Your lawyer will also help you serve the papers to the at-fault party, which must be notified of the lawsuit against them before your day in court can happen.
During this process, you must gather evidence against the at-fault party. That evidence may include proof their negligence caused your loved one’s death, for example, or that the death could have been avoided if they had been more careful.
After this phase, your Camden NJ wrongful death attorney will represent you in the courtroom. We understand this is a traumatic time, so we will do all we can to take the pressure off you and maximize the compensation you are due.
Connect with a Compassionate Wrongful Death Lawyer in Camden, NJ Today
Recovery can be difficult when you have lost a loved one to another party’s negligence. You are dealing with more than a significant expense—you are dealing with grief that can affect every part of your life.
Because of this, it is vital to get the support you need. The right Camden NJ wrongful death lawyer can help your claim succeed, getting you the financial support you need so you can focus on mourning and recovering from your family’s loss.
Our attorneys at Spear Greenfield offer the support you need, including a free initial consultation. We want you to know we are the right lawyers before you sign anything. To learn more about our services, give us a call or fill out our online contact form.