Car Accident Wrongful Death Lawsuit
Losing a loved one in a fatal car accident is an unimaginable tragedy. Along with the emotional toll, surviving family members may face overwhelming financial burdens. In such situations, filing a wrongful death lawsuit in Pennsylvania and New Jersey helps families seek justice and compensation.
Sharma Law Office, a personal injury law firm in Easton, provides compassionate legal guidance to families in Pennsylvania and New Jersey throughout the process of wrongful death claim process. Our experienced car accident attorney is here to ensure that the rights of the deceased and their loved ones are protected.
Understanding Wrongful Death in a Car Accident
A wrongful death in the context of car accidents might involve:
- Drunk driving
- Reckless or aggressive driving
- Failure to follow traffic laws
- Defective vehicle components
Establishing that someone failed in their duty to operate a vehicle with reasonable care is a fundamental step. Evidence may include police reports, witness testimony, medical records, and expert accident reconstruction analysis.
In Pennsylvania and New Jersey, family members — such as spouses, children, or parents — can bring a wrongful death claim to recover damages. The objective is not only to compensate for financial losses but also to hold the responsible parties accountable.
Damages in a Wrongful Death Lawsuit
The compensation available in a wrongful death lawsuit can vary depending on the specific circumstances of the case. Typically, damages fall into two categories:
Economic Damages
These include tangible losses such as:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s income and benefits
- Costs associated with household services the deceased provided
Non-Economic Damages
These are intangible losses that include:
- Loss of companionship and emotional support
- Loss of parental guidance for minor children
Who Is Eligible to File a Wrongful Death Lawsuit?
In Pennsylvania and New Jersey, the right to bring such a claim often belongs to the spouse, children, or parents of the deceased. Sometimes, if these primary relatives are not available, the right may be passed to other family members or the executor of the estate.
To confirm eligibility, it may be wise to speak to one of our attorneys in Easton, PA and NJ to understand state-specific guidelines. Each circumstance is unique, making it helpful to have direct guidance.
How Do You File a Wrongful Death Lawsuit
Whether you’re in Pennsylvania or New Jersey, filing a wrongful death lawsuit involves several critical steps to ensure the best chance of a successful outcome.
Eligible individuals should:
- Consult an Attorney: Reach out to our attorney in PA or NJ at Sharma Law Office – to evaluate the case and understand your legal options.
- Gather Evidence: Collect all relevant documentation, such as police reports, medical records, and witness statements, to support the claim.
- File the Lawsuit: The attorney will file the complaint in the appropriate court, naming the liable parties and outlining the damages sought.
- Negotiate or Litigate: Depending on the circumstances, the case may proceed to settlement negotiations or a trial to secure the wrongful death compensation the family deserves.
It’s essential to act promptly, as statutes of limitations apply in both Pennsylvania and New Jersey. A delay in filing can jeopardize the family’s ability to recover damages.
Wrongful Death Statute of Limitations
Both Pennsylvania and New Jersey set time limits – known as statutes of limitations – for filing wrongful death claims. Missing these deadlines typically forfeits the right to compensation.
In Pennsylvania wrongful death claims, the time limit is generally 2 years from the date of death. In New Jersey, families also have 2 years to initiate a claim, although specific details or exceptions can apply depending on the circumstances.
Adhering to filing wrongful death deadlines is crucial. Starting early provides more time for collecting evidence, building a case, and securing skilled legal representation. With the support of an Easton car accident attorney for a wrongful death case, survivors can keep track of each requirement and meet all procedural deadlines.
Entrust Your Wrongful Death Case to Sharma Law Office
Losing a loved one in a fatal car accident is a devastating experience that no family should face alone. At Sharma Law Office, we stand beside families in Pennsylvania and New Jersey, offering compassionate and results-driven legal representation.
Whether you need an Easton car accident attorney or an Iselin car accident attorney for your wrongful death case, our firm is committed to securing justice and the financial recovery your family needs to rebuild. Contact Sharma Law Office today and let us fight for the justice your family deserves.