Losing a loved one in a car crash can leave a family facing grief, bills and an uncertain future. New Jersey law may allow certain relatives to seek compensation for financial losses caused by the death. The amount and type of recovery depend on the facts of the crash and the family’s losses.
Who may bring the case?
The executor or administrator handling the estate generally brings the case on behalf of eligible beneficiaries. The people who may benefit from a wrongful death claim depend on their relationship to the person who died and the financial losses they experienced.
What losses may families recover?
Under New Jersey’s Wrongful Death Act, eligible beneficiaries may seek compensation for pecuniary losses resulting from the death. Possible losses include:
- Medical and hospital expenses related to the fatal injury
- Funeral and burial expenses
- Lost income and financial support
- Loss of services the person provided to the household
- Other proven financial losses resulting from the death
The family must support these losses with records and other evidence. The value of a claim may depend on factors such as the person’s age, income, health and role in the household.
How is the estate claim different?
A separate estate-based claim may address damages the injured person experienced before death. For example, it may involve pain and suffering, medical expenses or other losses that accrued between the injury and death.
The executor or administrator handles this part of the case. The damages may differ from the financial losses that relatives experience after the death.
What should families do next?
Families should keep medical bills, funeral records, income information and other documents tied to the crash. They should also avoid giving detailed statements to insurance companies before understanding their rights.
A fatal-accident case may involve strict deadlines and complex questions about who may recover damages. Understanding the available claims and documenting financial losses can help families evaluate their legal options.
