Losing a loved one immediately and permanently changes the course of your family’s life. Instead of making plans for your future together, you need to figure out how to resume your life without your loved one by your side. If someone else did something that contributed to your loved one’s death because of their negligence, carelessness, recklessness, or criminal conduct, you might have grounds to pursue legal action against them.
A Clark wrongful death lawyer from Fredson Statmore Bitterman, LLC can meet with you to review the facts surrounding your loss to see if you might have viable grounds to pursue compensation and justice in a wrongful death civil lawsuit. Reach out to our compassionate personal injury attorneys today.
Who Can Bring a Lawsuit for Wrongful Death?
In some states, surviving spouses or children can directly file a lawsuit. According to New Jersey Statutes § 2A:31-2, New Jersey requires an executor named in the decedent’s will or an estate administrator if the decedent dies without a will to bring the legal action. If the suit is successful and the estate receives damages from the person or entity responsible for causing the decedent’s death, the executor or administrator must distribute the damages award to the decedent’s surviving family members, as outlined in New Jersey Statutes § 2A:31-4. Not every person who loved or cared about a decedent is entitled to collect damages. Even amongst the decedent’s family, only certain family members are eligible. Generally, the surviving spouse and any children or grandchildren would have the sole right to receive damages. However, if the decedent died without a spouse or children, the decedent’s parents could receive the damages. Other parties, such as nieces, nephews, or siblings, might also be eligible to collect compensation if they can prove they depended on the decedent for financial support.
If someone questions whether they might have grounds to collect damages, a knowledgeable wrongful death attorney in Clark can help them understand their legal rights and options.
How Long Do People Have to File a Wrongful Death Lawsuit?
The grieving process can be lengthy. Many people are unable to immediately resume their lives without their loved ones. They need time to grieve and gain strength to essentially start over. Unfortunately, the law does not allow grieving family members unlimited time to file a lawsuit. New Jersey law typically requires an estate to bring a legal claim within two years of a decedent’s death. However, if the decedent died due to the criminal actions of another person through murder or manslaughter, the two-year statute of limitations might not apply.
In addition to statutory time limitations, there are other advantages to filing a lawsuit promptly. If a family waits too long to bring a claim, they might have a more challenging time tracking down witnesses willing and able to testify to what happened. People’s memories are less reliable as time passes. They might forget details that could make a critical difference in the outcome of a lawsuit. People can also lose, misplace, or intentionally destroy evidence. The sooner a qualified Clark wrongful death attorney can begin their investigation, the greater the likelihood of success.
Contact a Clark Wrongful Death Attorney for Guidance
An untimely death is never easy to accept, especially when that death should have and could have been prevented. Whether it was caused by a motor vehicle accident, premises liability issue, pedestrian accident, nursing home abuse, medical malpractice, or another form of harm, if you believe that your loved one died because of someone else’s wrongful actions, your family deserves the chance to hold those wrongdoers accountable.
Contact a compassionate Clark wrongful death lawyer today for a complimentary consultation.
