What Should You Do if Your Loved One Was Involved in a Fatal Accident on I-95 Today in New Jersey?
If you are grappling with the sudden loss of a loved one, you are likely feeling shock, grief, confusion, overwhelm, stress, and many more emotions. It is never easy to lose someone you love, but when it happens suddenly and in a manner that was likely entirely preventable, it makes it even worse.
Unfortunately, fatal car accidents in New Jersey are not uncommon. They take the lives of hundreds of people every year. As you can imagine, many accidents we see take place on Interstate 95. As one of the country’s deadliest roadways, it is no surprise that this road continues to be the site of countless fatal accidents every year.
Unfortunately, it is nearly impossible to prepare for the impact that a fatal collision will have on you and your family. After losing a loved one, it is important that you are aware of your legal rights and the options that you have for moving forward.
Determining Fault after a Fatal I-95 Crash in New Jersey
After a fatal accident is reported on Interstate 95 in New Jersey, the next step will generally be an investigation. A thorough investigation is necessary in order to uncover the truth surrounding what took place at the time of the accident. The findings of the investigation are often used by law enforcement to determine if any legal actions, such as criminal charges or arrests, need to be taken. From a civil standpoint, the crash investigation is often used as a piece of evidence when it comes to determining who is at fault for the accident and for recovering compensation for losses and damages you face.
The ultimate goal of the crash investigation following a fatal accident on I-95 in New Jersey is to establish who was at fault for the accident. There are instances where one or multiple parties can be held liable for an accident taking place. To determine liability after a fatal accident, a careful examination of various factors is needed. The investigators will analyze all of the driver’s behaviors, weather conditions, road conditions, and if any mechanical failures or other factors contributed to the accident.
Should I Get My Own Investigation?
Following a fatal car crash on Interstate 95, an independent investigation can be incredibly beneficial in cases where there are conflicting accounts surrounding what took place. Additionally, if you suspect negligence on the part of another driver who was involved in the accident, hiring a legal team to work with experts to investigate the accident can provide you with more insight as to what occurred. The additional investigation can provide you with an unbiased perspective and help strengthen your case against the responsible party.
With that being said, it is always a good idea to obtain a copy of the police report for your case. This report will typically contain valuable information surrounding what events led up to the accident and what occurred during the accident that took your loved one’s life. Additionally, the police report will have information such as the time and location of the crash, the names and insurance information for all of the parties involved, any statements that were provided by witnesses, and whether or not any traffic citations or arrests were made by law enforcement.
When it comes down to it, obtaining an independent investigation alongside official police reports can provide you with the ability to build a much stronger case against the defendant for your wrongful death claim. It can also provide incredible insight that is extremely valuable and may not be available on the initial police report. Having access to the additional information and evidence can allow your attorney to challenge any disputed findings that the defendant’s attorney presents.
Comparative Negligence Laws in New Jersey
When filing a wrongful death action after a fatal car crash on I-95 today in New Jersey, it is crucial that you understand the state’s comparative negligence laws. After a fatal car crash, the state of New Jersey follows a modified comparative fault doctrine when it comes to providing compensation for the resulting damages.
Under this system, if you are found to be less than 50% at fault for the accident that resulted in your loved one’s death, you may still recover compensation. However, any damages awarded will be reduced in proportion to the percentage of fault that was shared by your loved one during the fatal accident. For example, if your loved one was found to be 20% at fault for the accident, the amount of compensation you recover for your losses and damages will be reduced by 20%.
The findings of the investigation will generally be used to determine the percentage of fault that was contributed by each party to the accident. The insurance company will consider various factors such as police reports, any statements provided by witnesses, and expert opinions. They will assess each party’s actions leading up to the accident and assign a percentage of fault accordingly.
It is in your best interest to seek guidance from a wrongful death lawyer who will represent you on your case and prove that the defendant was at fault or shared the majority of fault for the accident that claimed the life of your loved one.
Filing a Wrongful Death Claim in New Jersey
After the loss of a loved one due to a fatal car crash on I-95 in New Jersey today, one of the most common actions that families take is to file a wrongful death claim against the responsible party, a wrongful death claim is a type of legal action that is taken to hold the negligent party accountable for their actions in civil court. Criminal charges are not required for a family to take action in this manner. However, criminal charges do not prevent families from filing civil claims for wrongful death.
To ensure you have the best chance of securing the maximum compensation possible, it is in your best interest to work with a wrongful death lawyer who can help you navigate the complex legal system.
When filing a wrongful death case, your attorney will review medical records, gather evidence from various sources, take statements from witnesses, and consult with experts to build a strong wrongful death claim on your behalf. They will also help determine the appropriate compensation amount based on factors such as loss of income, loss of companionship, funeral expenses, and emotional distress.
It is important to note that only certain individuals are eligible to file a wrongful death claim in New Jersey. These rules are guided by NJ Rev Stat § 2A:31-1. Typically, the right to seek compensation following a fatal crash is provided to immediate family members such as surviving spouses, children, including adopted children, or parents. However, consulting with an attorney will provide clarity on who is eligible in your specific situation.
While pursuing legal action may seem overwhelming during this difficult and incredibly emotional time, it is essential to remember that by filing a wrongful death case, you are not only seeking financial support but also aiming for justice. A successful lawsuit can bring closure and accountability for those responsible for the tragic accident.
Understanding New Jersey’s Statute of Limitations
In New Jersey, families interested in taking legal action against the responsible party will need to initiate their claim within the state statute of limitations. In most cases, the statute of limitations is two years from the date that the deceased victim passed away. Filing after this statute of limitations can prevent you from recovering any compensation for your losses and damages.
It is important to recognize that there are some exceptions to the statute of limitations following a fatal crash. For example, if a claimant was a juvenile at the time of the fatal accident, the statute of limitations can start to run on the date of their 18th birthday. This ensures that children are able to take appropriate legal actions after enduring the loss of a parent or another party to which they are entitled compensation after suffering a loss.
In any case, it is important to have a personal representative or an administrator file the wrongful death claim in the appropriate court. A knowledgeable wrongful death lawyer will be able to help you through this difficult process.
Let Our Team Help You During this Difficult Time
Dealing with the sudden passing of a loved one due to a fatal car crash on Interstate 95 in New Jersey can be quite challenging. However, with the right resources and legal representation on your side, you will have the best chance of getting justice and holding the person responsible for the death of your loved one to account.
At i95accidentalerts.com, we are committed to helping those whose lives have been impacted by the wrongful death of a loved one. Our team is here for you on your journey toward justice, providing compassionate support and connecting you with experienced lawyers who can provide valuable advice and direction as you pursue compensation through the legal system.
We understand how difficult these losses can be and vow to help those affected by fatal crashes on Interstate 95 in New Jersey get the representation they need so that families grieving their loss may eventually find closure. Contact our team now to get started.