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When someone’s negligent behavior causes the untimely passing of a person who would have been able to bring a civil lawsuit had he or she otherwise survived, the decedent’s surviving relatives may file a wrongful death claim on his or her behalf. However, facing the court system after unexpectedly losing a loved one can be very challenging, so it is best to enlist the services of a qualified personal injury attorney for help.
If you lost a loved one in an avoidable accident, you should consider reaching out to our experienced legal team. A Haddonfield wrongful death lawyer from our firm could help a decedent’s relatives obtain compensation from responsible parties.
Rights of Surviving Relatives
New Jersey Statutes §2A:31-1, also known as the Survival Act, outlines the rights of surviving family members in wrongful death cases. The surviving relatives of the decedent may recover damages resulting from the untimely passing of their loved one.
It is important to note that wrongful death claims can only be filed when the decedent would have been able to file a civil lawsuit had he or she survived. A Haddonfield attorney could help potential claimants determine whether they can file wrongful death cases.
What is the Wrongful Death Act?
NJ Stat §2A:31-4, also known as the Wrongful Death Act, gives details about a surviving relative’s right to pursue damages on behalf of the decedent. The law stipulates that all damages awarded to the plaintiff must be used for the individuals named in the decedent’s will.
According to the Wrongful Death Act, claimants must divide the damages according to the percentages of the estate that they are entitled to. However, when the decedent leaves behind dependents, they may be entitled to all funds awarded in the civil action.
The courts will determine the division and allocation of the damages in a wrongful death case. Because the details of each wrongful death case are different, it is advisable that claimants contact a Haddonfield lawyer for assistance.
What is the Statute of Limitations for Wrongful Death Cases?
Individuals who lose a loved one due to the negligence of others have a certain amount of time to file a lawsuit against responsible parties. This is known as the statute of limitations, and NJ Stat §2A:14-2 gives surviving loved ones two years from the day of the untimely passing to file a claim.
Abiding by the statute of limitations is an essential step in obtaining compensation. A Haddonfield wrongful death attorney could help ensure that a plaintiff adheres to these important legal deadlines.
Get in Touch with a Haddonfield Wrongful Death Attorney Today
Fighting for damages in a wrongful death case can be overwhelming and emotionally taxing. In the aftermath of your loss, you can benefit from retaining representation from a local lawyer with experience in litigating wrongful death cases.
By leaving the legal work to the professionals, you will be able to focus on healing during this difficult time. A Haddonfield wrongful death lawyer can be your advocate in and out of the courtroom, so call our firm today to get started.