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Losing a loved one because another a person was careless changes everything. You are likely sorting out funeral arrangements, bills, and questions about what to do next. Finding straight answers on who files a claim, how long you have, and what compensation the law allows can be difficult and confusing.
At the O’Cathain Law Group Personal Injury Law Department, our team can step in early and discuss your options about filing a lawsuit. A Teaneck wrongful death lawyer from our team can explain the steps, gather records, and file on time so your family can focus on what matters most: grieving and honoring your loved one.
In New Jersey, if your lost loved one had a will, the executor will file the lawsuit on behalf of your loved one. If there is no will, the Surrogate’s Court appoints an administrator to complete this task. This is usually a family member – such as the spouse or a child – who is willing to step up. This person will formally be known as the “Administrator ad Proseqendum.” It is a very straightforward process.
Early actions include notifying insurers, confirming which court has jurisdiction, and preserving key records.
This is also when a personal injury lawyer will examine your negligent death claim in Teaneck and establish what needs to be done in the short term. The following are helpful records to collect:
Gathering these documents ensures your attorney has a complete picture of the circumstances, helping to build a strong and well-supported wrongful death claim.
However, don’t worry if you’re not equipped to handle this while you grieve– your new dedicated personal injury law team will work with you.
Filings for most wrongful death actions must take place within two years of the date of death. According to New Jersey Statutes Annotated § 2A:31-3, deaths caused by murder, aggravated manslaughter, or manslaughter do not follow that timeline. Nearly all other cases of death caused by negligence follow the two-year limit, so it is in your best interest to work with an attorney in Bergen County to file within the time limits. Because our legal team is familiar with these timelines, we can build a filing schedule and serve the appropriate parties to prevent any delays in your case.
The lawsuit will focus on different kinds of damages.
For example, there will be damages to the family such as financial losses, known as pecuniary damages. These include lost earnings and the value of services, advice, and guidance the individual provided at home and in family life. This also includes funeral and final medical expenses related to the fatal injury.
There can also be a claim for the pain and suffering that your lost loved one endured between the time of the injury and the time that they passed away. This part of the legal claim is known as a “survival action”.
We coordinate with the estate representative, request wage and benefits histories, and collect evidence that shows the value of caregiving services and guidance the deceased contributed to the household. Where earnings are complex, we consult with an economist to project income and benefits over a realistic work life. We might also interview coworkers and family members who can describe the household tasks, child care, and practical help the lost family member provided.
We work with experts where they are needed and where they can add fair and reasonable value to the damages that should be paid.
When you have questions, you get to talk directly to your personal injury law legal team. our team. That is how our attorneys keep the cases regarding wrongful death claims organized and moving in Teaneck.
At O’Cathain Law Group Personal Injury Law Department, we have experience in obtaining millions of dollars for families like yours.
If your loved one died because of someone else’s negligence or wrongdoing, we invite you to talk to a compassionate Teaneck wrongful death lawyer at O’Cathain Law Group Personal Injury Law Department today.