Wrongful Death Lawsuits
When someone dies due to the recklessness or negligence of someone there should be, at the very least, financial compensation for the victims family. This is called a wrongful death lawsuit. A wrongful death claim is different than most personal injury or negligence claims. Originally “common law” , did not support these claims because if the victim was dead there was no one to make the claim. The family members could not receive financial compensation, but now is a different story. All 50 states have now passed wrongful death statutes that provide rewards for families who were hurt from the death of the victim. A priority list of who is to inherit the wrongful death settlement from the New Jersey wrongful death statutes:
- Spouse and no parents or children– everything to spouse.
- Spouse and children – spousetakes the first $50,000 plus ½ of the balance of the estate if thechildren are also the spouse’s. If they are not, spouse only takes ½ of the estate. Remainder is divided equally among the children in the same generation.
- Spouse and parents (no children) – spouse takes the first$50,000 plus ½ of the balance ofthe estate. Remainder is divided equally among parents.
- No children but parents –parents share equally.
- No parents — the parent’s children take all (i.e. brothers and sisters or their descendants). Shares are divided equally among the children in the same generation.
Under most states statutes of limitations you have 2 years to file a wrongful death lawsuit, but sometimes this rule can be unjust. For example, if the victim was in a coma for 2 years and then dies there will be no compensation for the family in states with the 2 year rule. More situations and technicalities here and here. If you are in persuit of a wrongful death settlement talking to a wrongful death attorney in your area will clear up any confusion you have about your specific circumstances. 95% of these initial meetings are free of charge. Also, many personal injury lawyers work on a contingency basic, so if there is no settlement there will be no fee.
If you are a wrongful death lawyer, consider listing in our personal injury lawyer directory.