You may be mourning the death of a loved one due to someone else’s negligence. In this situation, it may be helpful to partner with a wrongful death lawyer in Flemington. By working with a Flemington personal injury lawyer, you can explore your legal options as you try to get through this challenging time.
If you are on the lookout for help with a personal injury case, Demand Rand. If you hire Rand Spear The Accident Lawyer, you may be able to seek damages from anyone responsible for your loved one’s death. For more information, get in touch with our Flemington wrongful death lawyer today.
Wrongful Death Definition
A death is wrongful when it happens due to an illicit act or neglect. There are many reasons why this type of death happens. These include:
- Car accidents
- Medical malpractice
- Motorcycle accidents
- Slip and fall accidents
If you are unsure about whether you are able to file a death claim, it may be a good idea to consult with a wrongful death attorney in Flemington. Rand Spear The Accident Lawyer can review your case. To learn more, reach out to us.
Who Can File a Wrongful Death Claim
You may be wondering who can file a wrongful death lawsuit. In New Jersey, a personal representative of the estate of a deceased person (decedent) may be eligible to submit this type of claim. People who may be named a decedent’s personal representative include:
- Child
- Parent
- Sibling
- Spouse
A person may name a representative who will manage their estate in their will. If they do not, a court may appoint a blood relative to serve as a decedent’s representative. At this point, the representative may be responsible for distributing the deceased person’s damages to their surviving family members.
Flemington Wrongful Death Lawyer Near Me (215) 985-2424
Who Is Responsible for a Wrongful Death
Identifying the party responsible for a family member’s death may be emotionally taxing. You may want to move past an incident that caused your family member to die. However, if you find the at-fault party, you may be able to hold them financially accountable for their actions.
The liable party in a death case varies. A car or truck driver, employer, or business operator are among the parties who may be named as defendants in death cases. There are times when multiple parties are responsible for someone’s death.
You can get help as you try to figure out who is at fault for your family member’s death. An attorney may be able to look at your case and determine who is liable. From here, they may be able to help you submit a claim for damages.
When to Submit a Wrongful Death Claim
The statute of limitations for car accidents in New Jersey and other incidents in which someone suffers a wrongful death is two years. This means you may have a maximum of two years from the date of a family member’s death to sue an at-fault party for damages. After two years, you may no longer be able to submit a claim.
A Flemington wrongful death attorney may encourage you to ask for economic and non-economic damages. Economic compensation may be awarded for funeral or burial expenses relating to a person’s death and other quantifiable losses. You may request non-economic compensation for pain, suffering, and other subjective losses.
How much money your claim is worth depends on the facts surrounding your case. Regardless of how much you pursue in damages, you are responsible for the burden of proof. If you cannot prove an at-fault party was negligent, a judge or jury may rule in the defendant’s favor, and you may be forced to cover all of the losses relating to your family member’s death out of your own pocket.
Proving Negligence
Per NJ Courts, negligence is defined as a failure to exercise a degree of safety to the point where it puts someone in danger. It is your responsibility to verify an at-fault party was negligent in your death case. There are four elements of negligence you must prove were present at the time of your family member’s death:
- Duty of Care: An at-fault party had a legal obligation to act in a safe manner toward others.
- Breach of Duty of Care: The party chose to ignore their legal obligation by acting in a careless and reckless manner.
- Causation: Because the party violated their duty of care, your family member was killed.
- Damages: You are dealing with economic or non-economic losses as a result of the party’s actions.
You may use medical records, witness statements, and other forms of proof to support your claim. A Flemington wrongful death attorney may help you evaluate evidence and find the best way to present it to a judge or jury. With a wealth of evidence at your disposal, you may be well-equipped to get a favorable ruling.
Wrongful Death Case Settlement
In terms of personal injury verdicts and settlements, there are instances when it may be beneficial to resolve your death claim outside the courtroom. Doing so may allow you to get money you can use right away. Of course, you should only accept a settlement if it gives you enough money to cover your losses.
If you get a settlement proposal, you may want to discuss it with your wrongful death lawyer in Flemington. You are not legally obligated to accept a settlement offer. By consulting with your attorney, you can get insights into what an offer entails and determine if it lines up with your best interests.
In a situation where you are not 100% satisfied with a settlement proposal, you can decline the offer and not incur any penalties. If you do, your wrongful death attorney in Flemington can notify the defendant about your decision. Next, you and your Flemington wrongful death lawyer can continue to work together to strengthen your case leading up to your trial date.
Hire an Attorney to Represent You in Your Flemington Wrongful Death Case
Rand Spear The Accident Lawyer offers a no-win, no-fee guarantee for personal injury cases. If we do not get you compensation in your death lawsuit, you do not have to pay us anything. To find out more or schedule a free case evaluation, contact us today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
