Can I Sue for Wrongful Death After a Motorcycle Accident in New Jersey?
Motorcycle accidents frequently happen in New Jersey. Every year, thousands of motorcycle riders face severe injuries that can put their lives at risk. Unfortunately, there have been numerous cases where unsuspecting, innocent motorcyclists lost their lives due to the negligent actions of another driver. The sudden, unexpected passing of a loved one can be tough to assimilate. However, you might have a chance to hold the liable parties accountable for their actions and get the compensation you deserve. Our New Jersey motorcycle accident lawyer Jerry Friedman invites you to keep reading as we discuss whether you can sue for wrongful death after a motorcycle crash in New Jersey.
What is Wrongful Death Claim and Who Can File a Claim After a Motorcycle Crash in NJ?
Every year, thousands of people lose their lives due to another person’s negligence. Wrongful death can be described as the passing of an innocent victim that would not have happened but for the actions or omissions of another. This is the case for many motorcycle accidents where riders lose their lives due to another driver’s negligent actions. As a surviving family member, you may wonder if there is anything you can do to bring the liable parties to justice.
Fortunately, you can file a wrongful death claim to get compensation for your loss. According to NJSA 2A:31-4, the surviving dependents of the deceased person can file a wrongful death lawsuit. According to the statute, surviving dependents include the deceased person’s spouse, children, and other family members that depended on the decedent’s financial assistance.
Through this type of claim, you might get compensation for loss of income, medical, funeral costs, and loss of service. You might also get compensation for your loss of companionship, emotional support, and guidance to your children. There are also laws allowing the surviving estate of a wrongful death victim to file a claim to get compensation for the medical expenses, lost wages, and pain and suffering experienced by the victim until the moment of their death.
How Can I Prove a Wrongful Death Claim for a Motorcycle Accident in New Jersey?
Wrongful death cases are part of personal injury law. In personal injury cases, you are required to show that the defendant’s negligence led to your loved one’s untimely death. To achieve this, the court will expect you to provide evidence supporting your claim. Before moving on with your case, it is essential to hire a skilled New Jersey motorcycle accident attorney with experience representing a deceased motorcyclist’s surviving family.
Typically, the first thing you will need to do is show that the defendant owed you a legal duty. Every citizen must refrain from acting in a way that may endanger other people’s lives, including drivers. As a general rule, all car, truck, and bus drivers are expected to exercise caution and prudence when driving. This is the legal obligation the law refers to when establishing a defendant’s legal duty. You may argue that the defendant owed your loved one a duty to drive safely and avoid engaging in dangerous behavior while operating their vehicle.
The second thing you will need to do during your claim is proving that the defendant breached their legal duty. To demonstrate the defendant’s breach, you are expected to argue and show – through evidence – that the defendant engaged in behavior that is not expected from a prudent, reasonable person. Depending on your claim’s specific circumstances, you may be able to show that the driver was drunk, distracted, or speeding at the time of the crash. Any argument you make at this point should be supported by evidence. You can provide the court with relevant documents – such as the police report – to demonstrate that the defendant acted negligently.
The third element you will need to show is called causation. Causation can be defined as a consequence of a specific action. At this point in your claim, you should be able to provide evidence showing a causal relationship between the defendant’s actions and your losses. There would be no way to establish the defendant’s actions caused your loved one’s wrongful death without causation.
During the final stage of your case, the court will expect you to prove that you suffered losses due to your loved one’s wrongful death. As we mentioned, the court might grant you compensation for medical expenses, funeral and burial expenses, and loss of companionship – among other losses.
How Long Do I Have to File a Wrongful Death Claim After a Motorcycle Accident in NJ?
If you lost a loved one in a motorcycle accident caused by a negligent driver, you have a limited time to exercise your right to file a wrongful death claim. New Jersey – like other states – sets a timeline in which all claimants must file their lawsuits with the court. This is known as the statute of limitations.
A wrongful death claim in New Jersey has to be filed within two years of the date of your loved one’s passing. It is critical to take immediate action after your loved one’s wrongful death. Two years is a short time, even if it seems like enough time to file your claim. It is critical to know that gathering all the necessary evidence to support your claim and building a strategic, compelling case for you can take a long time. Call our New Jersey motorcycle accident attorney today to make sure you file your claim on time and have a chance to fight for your compensation.
Motorcycle Accident Lawyer Offering Private Consultations in New Jersey
If you lost a loved one in a motorcycle accident caused by a negligent person in New Jersey, we can help. Jerry Friedman knows how difficult this moment can be for you and your family. We approach every wrongful death claim case with the utmost respect and deference while fighting aggressively to get the compensation you deserve. Call Jerry today and schedule your initial private consultation. Our phone number is 1-800-529-4464.