10 Challenges Faced When Filing a Wrongful Death Claim in New Jersey
The death of a loved one is never an easy thing to deal with, but death is a part of life. However, when a loved one is lost due to someone else’s negligence, the immeasurable pain and emotional toll that can follow can be devastating. Having to navigate the legal system and file a wrongful death claim in New Jersey can make an already difficult time in life much more challenging. New Jersey wrongful death claims are complex, and there are several obstacles that grieving families may encounter while pursuing their right to financial compensation.
Understanding the impediments that can arise during the legal process can help families better prepare for the road ahead. Speaking with an attorney can also be beneficial. The South Jersey wrongful death attorney at Monaco Law PC can help you if you have lost a loved one due to the reckless actions of another party.
Breaking Down the 10 Challenges of Filing a New Jersey Wrongful Death Claim
If you have decided to file a wrongful death claim in New Jersey, you may experience any of the following challenges.
- Proving Negligence – It is necessary to secure compensation for the death of your loved one, which was due to someone else’s negligence or wrongful actions. To do this, you must gather as much evidence as possible related to the incident, and this can be a time-consuming task, but a necessary one nonetheless.
- Statute of Limitations – After a loss, it may take some time to get your head wrapped around taking on a legal challenge, but there is generally not much time to take action. New Jersey wrongful death statute of limitations sets a two-year time frame, for most cases, from the date of death to file a claim. Failing to file by the deadline can mean losing the ability to collect compensation.
- Determining Who Has Legal Standing to File a Wrongful Death Claim – New Jersey only allows a personal representative of the decedent’s estate to file a claim. A personal representative is either appointed in the will or, in some cases, by the court. Also, the only individuals who are allowed to benefit from the proceeds of the claim are usually immediate family members.
- Calculating Damages – figuring out how much a claim is worth is critical and can be done by identifying all damages and assessing their value. Medical and funeral expenses would be examples of damages that could be included in the valuation of a wrongful death claim.
- Dealing with the Insurance Company – Insurance companies will engage in various tactics designed to frustrate claimants and to minimize payments.
- Emotional Toll – after the passing of a loved one and when engaged in a related legal suit, the emotional toll of having to speak to witnesses and relive the traumatic event can be immense.
- Defendants Disputing the Claim – It is not uncommon for defendants to say they were not at fault and dispute the claim. Defendants with substantial resources to fight a legal suit can prolong the legal process and make it much harder for plaintiffs to obtain the justice they deserve.
- Dealing with Multiple Parties – A claim can become even more complicated if there are multiple parties that share responsibility for the fatal accident taking place.
- Handling Intricate and Complex Legal Procedures – Wrongful death claims involve paperwork, insurance claims, court procedures, and more. Without legal expertise, it can be incredibly difficult for families to manage the claims process effectively.
- Proving the Full Value of the Deceased Life – Calculating both economic and non-economic damages for the contributions the deceased made in their life and what will be missing in their death is important to securing fair and full compensation.
Speak to a New Jersey Wrongful Death Attorney Today
For help filing a New Jersey wrongful death claim, please call our South Jersey wrongful death lawyer at Monaco Law PC at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our Pennsylvania office to discuss your case today.
We are a New Jersey wrongful death law firm serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County, and all of New Jersey.
Source:
njcourts.gov/sites/default/files/charges/8.43.pdf
