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Can I File a Claim After a Fatal Car Accident?

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After a fatal car accident where you lost a loved one, the only thing on your mind is likely your sadness and grief. It is not easy to navigate the aftermath of a loved one’s death. If the accident resulted from another party’s negligence, you may be able to file a claim and receive compensation. Work with a New Jersey wrongful death lawyer who can ease your worries and handle your claim so you can focus on your family and healing.

Who Can File a Claim?

In New Jersey, the law states that only the executor of the departed’s estate or personal representative can file a wrongful death lawsuit. Because of the statute of limitations in New Jersey, the executor has two years from the date of the victim’s death to begin the legal process of filing a claim or lawsuit.

Any damages or compensation recovered from the claim will be distributed to the dependents of the departed. That can include any surviving spouse, children, parents, other relatives, or anyone who was financially dependent on the victim.

Why Should I File a Claim After a Fatal Car Accident?

There are certain times when it is appropriate to file a wrongful death lawsuit after a fatal car accident. Only file a claim if the accident and death resulted from the negligence of the other party. Generally, if your loved one would have been able to pursue legal action had they survived the crash, you can too.

You will likely pursue legal action with the intention of collecting damages or compensation. Depending on the circumstances of your loved one’s departure, they may have accumulated extensive medical bills from ambulance rides or hospital expenses and suffered great pain and emotional turmoil. There may also be property damage to tend to, funeral costs to pay, and more. Filing a claim can ensure that you are adequately compensated for these costs and can use your settlement proceeds to pay off any debts associated with the accident.

Do I Need a Lawyer?

If you decide to file a claim after your loved one passes in a fatal car accident, hiring a skilled attorney should be your first step. Legal proceedings in a case like this can be complex. Your lawyer will be equipped to handle the ins and outs of the processes and rules, ensuring that you meet deadlines and provide all necessary and relevant evidence and information.

You will have to prove the negligence of the other party and how it caused the accident and death of your loved one. An experienced attorney will be able to gather and present the evidence in a compelling way to prove causation and the damages that resulted from the accident, both actual and future. They will be able to effectively guide you through the process and help you understand your rights.

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