Who Can File A Wrongful Death Lawsuit In Pennsylvania Or New Jersey?
Wrongful death lawsuits are never easy for the families of the deceased, and these types of lawsuits can be confusing and complicated. With a personal injury lawsuit, the person who is eligible to file a lawsuit is usually clear: the party who was injured as a result of the defendant’s negligence, intentional wrongdoing, or other type of liability. The injured party is also the one who can obtain damages if they win a personal injury lawsuit. However, in a wrongful death lawsuit, the question of who can file the claim and who can obtain damages is more complicated, and it can be more confusing.
Wrongful death law is governed by state law, so every state has its own requirements concerning who can file a wrongful death lawsuit, who can obtain compensation, and what types of damages can be available. While every state has its own wrongful death laws with distinctions among them, the general idea of wrongful death law is that, since the injured person is not alive to file their own lawsuit, someone else can take the place of the injured person in a lawsuit in order to seek compensation and hold the defendant accountable. Who can file a lawsuit in Pennsylvania or New Jersey? Our Pennsylvania and New Jersey wrongful death lawyer can give you more information.
Personal Representative Must File a Wrongful Death Lawsuit in Pennsylvania or New Jersey
In some states, surviving family members such as a surviving spouse or surviving adult child can be eligible to file a wrongful death lawsuit. However, under both New Jersey and Pennsylvania law, the personal representative of the deceased is the party who is eligible to file the lawsuit.
The personal representative is another term for the executor, and this is the party who must be the named plaintiff in a wrongful death lawsuit in New Jersey or Pennsylvania. Sometimes a surviving family member will also be the executor (and thus can file the lawsuit).
Personal Representative Can Seek Damages on Behalf of Surviving Family Members
Although the personal representative must file the wrongful death lawsuit, the personal representative can seek damages on behalf of surviving family members in both Pennsylvania and New Jersey. New Jersey law identifies a surviving spouse, child, grandchild, parents, siblings, nieces, and nephews as surviving family members who may be eligible to obtain damages if they were dependent on the deceased.
Contact a Pennsylvania and New Jersey Wrongful Death Attorney
Losing a loved one in any type of accident is devastating, and it is important to take steps to hold the liable party accountable for their negligence or intentional wrongdoing. To learn more about seeking compensation through a wrongful death lawsuit in Pennsylvania or New Jersey, you should get in touch with an experienced Pennsylvania and New Jersey wrongful death attorney at Monaco Law PC today. Joseph Monaco is a New Jersey and Pennsylvania personal injury lawyer 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 South Jersey.
Sources:
legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=83&sctn=1&subsctn=0
law.justia.com/codes/new-jersey/2009/title-2a/section-2a-31
