Wrongful death is any time that someone dies as a result of the negligence of someone else. Some examples include motor vehicle accidents, medical malpractice, nursing home abuse, and slip and fall-type incidents.
Wrongful death cases differ from other personal injury cases because, in non-wrongful death type cases, the injured person is the one that is bringing the lawsuit for their pain and suffering and their economic losses. In a wrongful death action, the person who died cannot bring the action themselves so it is the representative for the estate that is bringing the action as well as the immediate family members of the deceased.
If your loved one has suffered an untimely death at the negligence of someone else, it may be imperative that you get in contact with an established personal injury attorney. A Cherry Hill wrongful death lawyer is more than capable fo providing assistance in your case.
Statute of Limitations
Generally speaking, wrongful death statute of limitations is two years from either the incident, which would consist of the negligence that has been committed or from the date of death. Sometimes, an individual may not know that negligence was committed until the person has passed away so that is why that two years can be tolled.
There are other situations where that statute of limitations may be shortened if it is involving a public entity or other things like that that may require other types of notice before the two years. For more information, reach out to a Cherry Hill wrongful death lawyer today.
Cherry Hill is in New Jersey, and every state has different wrongful death statutes. New Jersey’s wrongful death statute is specific with regard to what types of damages can be recovered as far as for the family members, what type of loss of companionship, and guidance, and things of that nature that can be included in damages, and that differs from other states.
Most cases in New Jersey generally settle outside of court, meaning they do not necessarily have to go to a trial. Majority of wrongful death cases will settle before trial, and that is for many reasons. Some, however, may require a jury trial where a jury would render a verdict and that would be the ultimate decision.
Absence of a Will
In New Jersey, most likely, an individual may need an estate attorney for this. However, a person could still find the services of a Cherry Hill wrongful death lawyer to be very useful. In New Jersey, if there is no will, then that deceased individual is considered to have died intestate, which means that they then look at the intestacy statute to look at the next of kin, and that would be the person that would serve as an administrator or administratrix, if they are a female, of the estate.
If the deceased had a will, they have an executor or an executrix. However, if he or she died without a will, it goes to their immediate next of kin which can be a spouse, it can be a child, it can be a parent, it could be a sibling, and they look at that statute, and that is the person who would have to administer the estate.
Settling Out of Court vs. Going to Trial
The benefits of settling out of court, one, is it will cost a lot less. Whenever someone files a wrongful death action, personal injury lawyers and wrongful death lawyers will work on a contingency basis which means they only get paid if we are successful and they will advance all the costs on the case and only get reimbursed if they are successful.
If they go to a trial, there are going to be many expenses. The attorney will pay those on a contingency basis, however, even if they are able to recover a verdict. The costs that were incurred to get that verdict are going to come out of the eventual recovery. The costs can be very high because they have to pay for experts to come to court and testify. That can be medical experts, liability experts, etc. This cost is usually determined by an attorney.
Trials are also unpredictable. Nobody knows what a jury is going to do. In New Jersey, an individual is not permitted to tell a jury how much money they are looking for in a wrongful death lawsuit. An individual cannot tell the jury how much money they think the case is worth, they would have to come up with this number entirely on their own. The benefit of settling is it takes the unpredictability out of it.
Importance of Hiring a Cherry Hill Wrongful Death Attorney
If you have experienced the death of a loved one, as a consequence of someone else’s negligence, you may be entitled to compensation. In order to get an accurate calculation of damages, it may be wise to schedule a consultation with a Cherry Hill wrongful death lawyer. The aide of a skilled attorney may prove to be very beneficial to your claim.
In a wrongful death action, there is usually an unexpected loss causing grief and shock. Many family members and loved ones go through the stages of grief which can be very difficult. The firm’s approach to wrongful death action is to understand the difficulty that families go through particularly with that of economic losses. The firm understands the financial stressors that come with a sudden death such as income, funeral expenses, and a number of other items that may come into play.
When dealing with such a tragedy as a wrongful death, the firm’s approach to wrongful death actions is to have a compassionate and understanding attorney. Our seasoned Cherry Hill wrongful death lawyers are fully capable of handling any matter of wrongful death claims.