Fatal Accidents

Fatal accidents in New Jersey can result in standing for two separate lawsuits stemming from the death. The estate of the decedent typically has standing for a survival action claim for the pain-and-suffering occurring between the time of the accident and the eventual death. The family has standing for a wrongful death claim when experienced personal injury lawyers in NJ can prove the fatal injury occurred due to excessive negligence on some level. Many times, the mere fact someone dies in an accident does not establish grounds for wrongful death. Accident deaths are typically handled as standard personal injury cases, and comparative negligence can matter as well. This is especially true in auto accidents. All fatality cases are serious legal matters, and it is always necessary to have effective legal counsel from New Jersey accident lawyers like Gruber Schwartz & Posnock.

Case Details are Important

Fatal accident cases are always detail focused. Cases such as auto accidents will always require a fatally injured driver be evaluated for comparative negligence before any claims can be filed. While the state will issue an official report, a jury will ultimately determine this application. Accidents occurring at work can be much different, as employers are typically held responsible. However, there must be evidence of extended negligence in many fatal work accidents due to worker’s compensation legal protections for employers.

Potential Damages

Allocation of financial damages won in a fatal accident case depends on who is filing the claim. Proceeds allowed in the survival action of the estate will be considered property of the decedent, and they will be exposed in the estate probate for any submitted claims. The family will inherit any remaining assets. Wrongful death actions are considered property of the family and is distributed directly to the primary inheritors. Punitive damages are also allowed in some fatal accident cases, but they must be awarded by a jury in a full trial.

Contact the New Jersey Accident Lawyers at Gruber Schwartz & Posnock

Fatal accident claims are always complicated legal tasks that require the expertise of experienced legal counsel. New Jersey residents should always call Gruber Schwartz & Posnock personal injury lawyers in NJ for effective legal representation