Fatal accidents upend your plans for the future. However, you have legal rights after your loss. New Jersey law allows you to take legal action against the at-fault party in the wake of your loved one’s passing.
You can work with a Wayne fatal accident attorney to secure financial compensation based on a loved one’s losses. If you schedule a case evaluation with Morelli Law Firm, our team can investigate your losses and compile evidence of the negligence that led to the wrongful death.
We can then present that evidence to a county clerk. If a county clerk moves your case forward, we can hold settlement negotiations or bring the party allegedly liable for your loved one’s losses to trial.
Fatal Accident Cases Are a Subset of Wrongful Death Cases
Classifying your fatal car accident as either a wrongful death lawsuit or a fatal accident lawsuit can be challenging. There’s more overlap between these two categories than you might think, though. All fatal accident lawsuits qualify as wrongful death lawsuits because they address the untimely and unnecessary passing of a loved one.
That said, the category of wrongful death is vast. Wrongful death lawsuits can cover medical malpractice, long-term exposure to dangerous chemicals, and abrupt losses. With that in mind, not every wrongful death lawsuit is a fatal accident lawsuit. The difference between these classifications is the timing.
One of our team members can help classify your lawsuit during an initial case consultation.
You Can File a Fatal Accident Claim Under Certain Circumstances
There may be circumstances that bar you from the right to pursue compensation on a loved one’s behalf. For example, New Jersey legislation states that only the personal executor of a person’s estate may take legal action on their behalf after their passing. If you do not fill this position, you can only advise the appropriate person to take legal action.
Similarly, you must take legal action within New Jersey’s fatal car accident statute of limitations. N.J. Stat. §2A:31-2 (2021) limits your actionable time to two years from the date of your loved one’s passing. If this deadline has come and gone, you cannot file your claim.
This, however, is where our attorneys come in. If you’re struggling with your deadlines or aren’t sure if you can act on a loved one’s behalf, we can clarify your circumstances. Our fatal accident attorneys in Wayne can then go on to represent you throughout your coming legal proceedings.
Wayne Fatal Accident Lawyer Near Me 877-751-9800
Fatal Accident Claims Let You Decide How to Request Financial Support
Nothing makes a fatal accident case simpler to bear than options. Fortunately, a fatal accident complaint provides you with plenty. After a county clerk moves your fatal accident claim forward, you can approach a liable party through one of two means.
If you’d prefer to go the traditional route, you can request that a court initiate a fatal accident trial. To do so, you and an attending attorney can begin the discovery process. During this process, you can exchange information with the defendant regarding your losses. You can then move into opening statements, examinations, cross-examinations, and a verdict.
Should you want the legal process to move along more quickly, you can alternatively begin fatal accident settlement negotiations. These negotiations allow you and a liable party to meet out of court to discuss the economic value of your losses. We can mediate these conversations and even increase your personal injury settlement, depending on your circumstances.
Our Attorneys Can Build Your Fatal Accident Claim
Breaking down the legalities of a fatal accident claim in the wake of a loved one’s passing can seem impossible. That’s why Morelli Law Firm doesn’t make you do so alone. Our Wayne fatal accident attorneys step up instead and can help establish your claim’s essential information. This includes:
Fatal Accident Liability
Motorists on the road must uphold what’s known as a duty of care. Distracted driving and deliberate recklessness both see a driver violate that duty of care, or their responsibility to act reasonably while behind the wheel. If we can gather evidence indicating that a driver violated their duty of care, we can hold that driver accountable in court.
That said, it isn’t only drivers who can be held responsible for fatal accidents. You can also take auto manufacturers who don’t test their vehicles appropriately to court. The same can be said of automotive mechanics. Even government officials who fail to maintain roads can be responsible for the untimely passing of a loved one.
At the end of the day, proving liability for your loved one’s fatal accident comes down to evidence. It’s our team’s job to investigate the scene of an accident, call on witnesses, and subsequently develop the story of how your accident occurred. So long as we have the means to prove our claim addressing liability, we can take your case to court.
Fatal Accident Compensation
If a county clerk approves your fatal accident complaint, you merit the right to bring a request for compensation before your allegedly-liable party. You need to include an estimate of your losses’ economic value in your initial complaint, however, to give a court a better idea of the severity of your accident.
Calculating fatal accident compensation can be a trying exercise. Fortunately, our experienced team of attorneys can do the mathematics for you. We marry your economic losses with non-economic multipliers to establish an estimate of your accident’s value. The factors that go into these numbers can include:
- Your post-accident medical expenses
- The cost of caring for a loved one
- At-home services
- Property damage
- Funeral expenses
Depending on the severity of your accident, a judge may choose to add punitive damages to your case.
Contact a Fatal Accident Attorney for Legal Guidance
Fatal accident attorneys understand that acting in the wake of a loved one’s passing can be a challenge. Even so, we want to provide you with every opportunity to take legal action on a loved one’s behalf. Morelli Law Firm’s fatal accident lawyers in Wayne, NJ, are prepared to offer compassionate legal advice to any family in need.
For more information about your right to act in the wake of a fatal accident, you can contact our office. Request a free case evaluation by calling our representatives or reaching out online.