When a person dies, they can sue the person who caused it to happen, and they can receive damages for both the family and the deceased. The proceeds of a wrongful death lawsuit go to the family and surviving spouse, as well as the deceased’s children and lineal descendants. While the proceeds of a wrongful death lawsuit are usually distributed to the surviving spouse and children, they are not treated as assets for purposes of paying debts. If the defendant was negligent, however, creditors can make a claim for burial costs and the costs of medical care. These expenses are capped at $4,500, and 50 percent of the amount of recovered after attorneys’ fees. This is why most families must file a civil lawsuit.
Settle The Case For A Predetermined Amount
If you suspect that someone else has caused a loved one’s death, it’s best to hire a wrongful-death attorney to represent you. While only the personal representative of the deceased can file a wrongful death claim, anyone in the family can consult with a wrongful death attorney – demerathlawoffice.com . The lawyer will investigate the incident to determine liability and causation. A settlement will be reached if the other party is responsible for the death. The personal representative will supervise the distribution of the settlement proceeds.
The wrongful-death claim must be filed within a certain period of time after the person died. Failure to do so will prevent you from recovering damages. In New Jersey, the statute of limitations runs two years from the date of death. Therefore, it’s vital that you choose the right wrongful-death attorney early on. The sooner you retain a qualified wrongful-death attorney, the better off you’ll be.