It may be difficult for you to cope with the fact that your loved one was made the victim of another party’s negligent actions and behaviors. But it may be all too much for you to handle if your loved one eventually passes away from health complications directly associated with this accident event. You may know deep within you that your loved one did not deserve for their life to be ended prematurely in this way. So, you may want to seek justice on their behalf but are unsure whether a wrongful death claim or personal injury claim is most appropriate. Without further ado, please continue reading to learn how a wrongful death claim contrasts with a personal injury claim and how an experienced Morris County, New Jersey wrongful death lawyer at Macri Law Firm can help you decipher which to file and within what timeframe.
How does a wrongful death claim differ from a personal injury claim?
As the name alludes to, a wrongful death claim requires the element of death. That is, a wrongful death claim is a civil claim typically filed by the surviving family members of a deceased individual, who sadly passed away due to another party’s negligence in a personal injury accident. Family may require financial compensation for their loved one’s funeral and burial expenses, along with non-economic damages such as loss of companionship.
Hopefully, your loved one was able to survive the accident they endured. If so, you may not have the right to pursue legal action on their behalf, but rather they should take it upon themselves to sue the negligent party via a personal injury claim. Here, they may seek to recover damages such as lost wages, medical bills, property repair or replacement, and more.
What is the statute of limitations for both types of claims?
The statute of limitations for wrongful death and personal injury claims may differ slightly. On the one hand, a surviving family member may have to bring forward a wrongful death claim within two years of their loved one’s death. Of note, their death date may be different than their accident date. Also, this deadline may be shortened if the intended defendant of this civil claim is an Ontario municipality.
On the other hand, an injured accident victim may have to file a personal injury claim within two years of the accident date. However, there may be a situation where internal injuries do not arise until weeks, months, or years after the accident date. In this case, the New Jersey civil court may extend this deadline to two years from the date a plaintiff should have reasonably known about their injuries. Again, if they are filing against a New Jersey municipality, they may be subject to filing a Notice of Claim within 90 business days of their accident date.
If you need legal representation fast, a skilled Parsippany, New Jersey personal injury lawyer is prepared to step up. The team at Macri Law Firm looks forward to meeting you, working with you, and helping you.