If you have lost a loved one because of someone else's negligence, it can be hard to keep going. You depended on this person for income and for personal and emotional support. Now, you find limits to whether and how you can pursue wrongful death cases in New Jersey. Before you give up your right to damages for the wrongful death of someone close to you, you should take the time to work with an attorney. He or she can help you understand your options and your rights.
Statute of Limitations
One aspect you need to keep in mind is that, after your loved one dies, you only have two years in which you can file a wrongful death action. This can go quickly; you don't have long to mourn and to understand what your rights may be before you have to decide whether to file a suit. There is good reason for this; as time passes, it can be difficult to keep track of witnesses and information critical to your case. In wrongful death cases, this can be especially difficult, since the person responsible may be facing related criminal charges. Your lawyer can help you navigate the system and find and serve the right person to get your case started.
Limits to Your Recovery Rights
Even after you get started, you can run into difficulties. New Jersey wrongful death cases depend on the rights of the person who died; the lawsuit essentially belongs to that person, and recovery becomes what he or she would have been entitled to in a suit. Furthermore, your options differ depending on your relationship and the extent to which you depended on that person. A good attorney can help you determine whether and how much you have a right to recover.
Understanding your rights in wrongful death cases can be difficult and frustrating. Before you trust your recovery to the estate's attorney or to chance, take the time to contact the lawyers at Stern and Stern. We will work with you to understand your case and get you the recovery you deserve.
If you've been through an auto accident, you know the process you go through to defend your rights and reach a result that you deserve can be daunting. Few results come quickly, and how much you can recover depends on the specific facts of your accident. The more information you can provide, the more your attorney can do to help you.
You should gather as much information about the accident as possible to discuss with your attorney. He or she will conduct an investigation as well, including getting a copy of the police report for the case. Any responsibility you may have for the accident will weigh in, as well as details about the other driver. A drunk driving auto accident can result in dram shop liability for those who served the other driver. If you lost a loved one in the accident, the state wrongful death statute comes into play.
The more information you can provide about the accident, the more your attorney can do to examine and review your legal options. Go in ready to discuss what happened in great detail so your attorney can go to work for you.
The other aspect your attorney will want to consider is what damages you have incurred. This includes damage to your vehicle and to you: medical costs, lost wages, loss of consortium, and any other personal or professional losses. You should always start by taking care of yourself. Your doctor will be the best source of information on any injuries you have sustained and the costs associated with those. You should then gather any information on the accident and its cost to you that you can recall and collect. Any detail of the impact the auto accident has on your life can make a difference in your recovery.
If you have been in an accident, take the time to gather the information you have, and then come to us. Stern and Stern has the experience and expertise to help you get the recovery you deserve. Contact us today to learn more.
No one plans to get into an accident. It's no wonder, then, that many people are not prepared for what they need to do after it happens. But if you do go through this, you can take steps to help yourself even before you see an auto accident attorney. These five tips can help you avoid some of the usual pitfalls.
1. See Your Doctor
It can be hard to tell whether you are injured after an accident. Your adrenaline will make you feel strong even if you have suffered major damage. Make sure you take care of your health by seeing your doctor right away.
2. Take Notes
You may have trouble remembering all the details of your accident. The longer you wait to write down what you remember, the less you are likely to remember later. Write down what happened, when, where and how. The more you can get about what the other driver did, the better.
3. Don't Take the First Insurance Offer
If the other driver caused the auto accident, his or her insurance company will want to make everything go away quickly. The chance at getting paid a settlement quickly may well be appealing, but it usually means you sign away your rights before you fully understand what they are. Listen, but don't take the offer right away.
4. Don't Jump at Non-Local Attorneys
Similarly, you will probably hear from lawyers before you even get home. Out of town lawyers scan accident reports and try to get you to agree to representation before you can look into the firm. Take your time, and make a thoughtful decision about who should represent you.
5. Seek Legal Help
While you don't want to jump at every attorney with a postcard and a promise, you do need to find legal help. If you have been injured in an auto accident, take the time to discuss your claims with an experienced attorney who understands how the process works. Contact Stern and Stern today and we will work to get you the recovery you deserve.
After an accident, an attorney usually represents the person who was injured. If negligent or reckless behavior causes that injury, the attorney helps represent the person to ensure his or her rights are protected. But what if the injured person dies? In those situations, a wrongful death attorney represents the rights of the victim's dependent family members instead. The loss is devastating emotionally and financially, and the attorney provides a way to recover damages fromwhomever is responsible.
Who Can Recover
The New Jersey Wrongful Death Act defines who may recover in any civil action for actions that result in a person's death. It is based on the claim that the victim would have had against the person who caused it, and is usually limited to the damages that could have been recovered if the accident victim had lived. For this reason, the person's estate often files this kind of lawsuit, with the executor hiring a wrongful death attorney to handle the case.
That said, if the person who passed has a will, that doesn't determine the distribution of any award. Any award in a wrongful death action instead can only be distributed to those who were actually dependent on the person who died.Generally this means a spouse or children, and sometimes the parents or grandchildren need to look to protect their rights as well.
Protecting the Family
In many cases, the person who dies was a critical means of support for the family he or she leaves behind. The estate may need an attorney, but it may also not represent the real needs of the family. When you hire a wrongful death attorney, you should know that person has your interests at heart. The estate's attorney looks to maximize the value of the estate; you need someone who will look out for you.
Have you lost a loved one due to a careless or reckless action by someone else? Stern and Stern has wrongful death attorneys who can protect your rights. Contact us today to learn more.
In New Jersey, a lawsuit for wrongful death is brought by the executor of the estate of the person who died, or by surviving dependents of that person. Since you have an interest in the estate, relying solely on the executor and his or her lawyers means your interests do not get the attention they deserve. You need a wrongful death attorney working on your behalf to ensure someone is protecting your rights.
The Estate's Attorney
Under New Jersey law, if the deceased has a will, the executor of the will is required to file any wrongful death action. The attorney representing the estate of the person who died does indirectly represent your interests. After all, you're entitled to receive proceeds from the estate, and money received by the estate is part of what will be distributed. Still, the wrongful death attorney hired by the executor works for the estate as a whole; he or she seeks to increase the value of the estate as a whole, rather than concerning your share or your needs in any specific way.
You have damages specific to you that you can recover in a wrongful death lawsuit. The damages often include loss of support, loss of companionship, and others that apply not equally among everyone entitled to proceeds from the estate. Further, a wrongful death attorney who represents you specifically can delve into your particular loss, including the emotional and personal aspects that do not apply to the estate as a whole. Hiring your own attorney helps you both understand how the lawsuit applies specifically to you and directs his or her efforts on your behalf to help ensure you have a chance to recover those damages other heirs do not have.
If you have lost a spouse, parent, or child due to someone else's wrongful act or negligence, do not sit back and hope someone will represent your interests. Contact Stern & Stern Attorneys at Law today so we can get to work on your behalf.
When you get into an auto accident, the world will not stop spinning. Unfortunately, you need to adjust to what happened and move to protect your rights. To do so, these ten steps can make all the difference.
1. Get the Other Driver's Information
You should get the other driver's name, contact information, and insurer. Before you can pursue your right to recover damages, you need to know from whom you will recover.
2. See a Doctor
Auto accidents affect everyone differently. You need to know whether you've been hurt and get any treatment you need.
3. Write Everything Down
Take notes as soon as possible. A trial might not start for months or years. Your memory will fade, so writing what happened, when, where and how helps immensely.
4. Get the Police Report
This is the official record of the accident. Your insurer will want one, and it will give you the vital information you need.
5. Talk to Your Insurer
Your insurer can answer questions about your policy, including whether you have a no-fault or traditional policy. Your right to recover can differ depending on the specifics of the accident and your coverage.
6. Talk to the Other Insurer
The insurer for the driver who caused an auto accident will likely be the one to pay damages. Make sure they exist and that the other driver is covered, but do NOT provide them with a statement either in writing or a recording.
7. Wait to Act
Settlement offers come quickly and give the allure of a quick payment. Listen, but do not accept an offer before you understand your rights.
8. Gather Your Paperwork
Your medical records, notes and police report will all play an evidentiary role if you go to trial. Make sure you have everything you need.
9. Take Time to Decompress
Keeping your wits about you allows you to think through what happened and how best to respond. Find time to calm down after the accident.
10. Talk to an Attorney
Experienced representation makes all the difference after an auto accident. Contact Stern and Stern today to help get the recovery you deserve.
In New Jersey, a "wrongful death" includes any death "caused by a wrongful act, neglect or default of another." The wrongful death statute of limitations provides that, with certain exceptions, an action must be brought within two years after the person dies. If your spouse, parent, or child dies due to someone else's wrongful act or negligence, then, your right to recover only continues if you file a lawsuit within two years after the death occurs.
Why the Statute Applies
With the emotions involved, it may seem harsh to have to think immediately about whether to file a lawsuit. But the wrongful death statute includes a time limit in part for your protection. Memories fade and waiting several years to sue the other person means relevant facts become less clear. Witnesses, too, can disappear or forget, leaving you unable to fully exercise your right to recover.
Even so, there are times the wrongful death statute of limitations will not apply, or can be adjusted. An experienced personal injury attorney can guide you through these possibilities, and whether they apply to your situation.
Within the wrongful death statute of limitations lies an exception for cases in which the defendant was either convicted or found not guilty due toinsanityof murder, aggravated manslaughter, or manslaughter. The evidence established in trials for those crimes is preserved on record, and the wrongful acts themselves make the reasons for the statute of limitations less compelling in those cases.
The limitations period also expands if you are a minor at the time the death occurs or are mentally incapacitated. In that case, the statute of limitations starts at the time you turn 18 or are determined competent to bring suit. Further, if there is a reason you could not have known of the death or the wrongful act, you may argue that the period should start when you discover the grounds for a suit.
If you have lost a loved one because of someone else's wrongful act, don't wait until it's too late. Contact us today to protect your right to recover.
No one ever plans on getting into an auto accident. Unfortunately, this often means you are not prepared to respond effectively when you are in an accident. You may deal with issues of your health and your financial well-being as you go, without considering your needs or your rights. If you do find yourself in a car accident, use these tips to help identify and locate the help you need.
1. Take Care of Yourself
Before you worry about anyone else, see a doctor. The most common injuries in a car accident tend to occur in the head, neck, and back. This can become dangerous quickly, even if you do not notice the injuries in the moment. You need to tend to your health first.
2. Take Notes
In the aftermath of an auto accident, you may find the details fuzzy. Only rarely does the picture get clearer over time. Usually, as time passes, memories fade regarding the specifics of what happened. Take notes on when, where, and how the accident occurred, so you can recall those details later when you talk to your insurer and your attorney.
3. Be Patient
Sometimes you just want to get past dealing with an accident, and insurance companies are all too happy to give you a low settlement to let you move forward. Take the time to understand what rights you may have before you settle for less than you deserve.
4. Be Thorough
The more details you can note and recall, the stronger your position becomes. Think about what you see and experience before, during, and after the accident. Get a complete examination to identify potential injuries. The big picture is composed of hundreds of details, and each one matters.
5. Talk to an Attorney
If you are hurt in a car accident, the sooner you talk to a good personal injury attorney, the more quickly and effectively you can move to learn and pursue the recovery you deserve. Contact Stern and Stern today to find out how we can help.
Auto accidents create headaches well beyond the inconvenience of the moment. You have to deal with one or more insurance companies, take time out of your schedule to take your car to a repair shop, and often, seek medical attention. When you endure a personal injury in an auto accident, you lose time and money while you try to recover. If the accident was the other driver's fault, you are entitled to recover damages for a serious injury. The right personal injury lawyer can help you do so.
Memorialize Your Facts
After an auto accident, you have to deal almost immediately with paperwork: a police report, insurance reports, documentation for your employer, and hospital records. Sometimes you lose track of other details in the midst of everything. Recovery for your auto accident claims depends on establishing the other driver's fault. This, in turn, requires that you recall and lay out the specifics of your accident so a jury can understand why you should recover for your personal injury. A good lawyer will help you identify the documents and information you need, and help you investigate to fill in any gaps.
Legal Rights and Claims
Before you accept any settlement offer that the other driver's insurance company offers, you need to learn your rights. New Jersey law requires everyone to carry auto insurance, but the structure of your policy determines the extent to which you can pursue the other driver for damages. You may also be entitled to recover more, from the driver or a bar or tavern if alcohol was involved.
Your attorney's job is to help you connect your specific facts to the overall legal system at issue. Taking time to sit with an experienced lawyer allows you to handle your physical recovery while an expert handles your case.
The legal structure of New Jersey auto accident laws and cases can be frustrating and confusing. Contact Stern and Stern today, and we will help you find the recovery you deserve.
When you are involved in an auto accident, injuries sometimes occur. Unfortunately, more complications arise when a motorcycle or another two-wheeler is involved. Statistically, New Jersey accident claims records show that motorcyclists are 26 times more likely to die, and five times more likely to be injured, than car or truck drivers. You are simply more vulnerable to serious injury without the structure of a car surrounding you. When you are injured in one of these accidents, you need a lawyer who can help you get the recovery you deserve.
Insurance Coverage Differences
Because of the potential for serious injury, most motorcycle insurance policies do not include personal injury protection (PIP) coverage. PIP covers medical costs for your own injury in an accident. Your policy thus may not cover your injuries, even in a no-fault policy. Accordingly, it is more imperative for motorcyclists than for anyone else to contact a personal injury attorney to help with their accident claims. He or she can help you review your insurance policy, as well as the details of the accident, to determine your right to recover damages for your injuries.
Injuries in Motorcycle Accident Claims
Unfortunately, these injuries can be particularly intense when you are hurt in a motorcycle accident. The opposing lawyer or insurance company may try to use these reasons to blame you - a motorcycle offers very little physical protection to you in a crash, and can be more difficult for another driver to see on the road. But if another driver's negligence causes your accident, your lawyer will help you work past these kinds of legal tricks. You are entitled to recover damages when someone else causes a serious accident; you do not lose legal rights and protections just because you are legally driving a two-wheeled vehicle.
If you have been injured in an accident while driving a motorcycle or a two-wheeler, don't entrust your fate to someone without the right experience or passion for you. Contact Stern and Stern, and we will fight to get you the recovery you deserve.
Personal injury law can be confusing and frightening after you are hurt. This is why lawyers are here: to help you through the process of protecting your rights and getting the recovery you deserve. Before you can start, though, you need to know when to reach out for help. The answer depends on what happened to you and where, but when in doubt, it never hurts to reach out to an excellent personal injury lawyer.
If you have been in an accident, whether a car crash, a slipand fall,or something else, you should first make sure you take care of yourself. Get to the hospital or your doctor first. Once you have been treated, make sure you document and save everything: what happened, what your diagnosis included, and what your treatment includes. After this, you should reach out to a personal injury lawyer and talk about your options. That person will help you understand how the process works, what you are entitled to, and how you can achieve a proper recovery for your injuries.
If you are injured at work, you may still have rights under New Jersey's personal injury law statutes, but you must begin with the Workers Compensation system. This means immediately reporting your injury to your employer through the system you have in place at work. From there, your employer files a claim, and most injuries are covered through the system.
That said, you may find that the system is confusing, or that your employer is not trying to fully cover your needs. If you feel you are not being treated fairly, or if your Workers Comp recovery does not cover the cost of all you have lost, you can still look to personal injury law for recovery.
When in Doubt, Call!
Too many people feel left in the dark after an injury. You don't have to sit and wonder how you will get what you need. If you have suffered a serious injury, contact Stern & Stern. Our expert attorneys will help you fight for the recovery you deserve.
Auto accidents happen all too frequently, but relatively few of those accidents result in a legal trial. When they do not result in serious injury, auto insurance usually covers the cost of repairs. And when the auto accident does cause serious injuries, one or both sides often want to settle rather than endure a long trial or risk an unfavorable verdict. When you are hurt in an accident, the right personal injury lawyer can help walk you through the settlement process.
Fault and Damages
Before the settlement process can begin, you must be able to show the other driver caused the accident. Write down all of the information you can, including what happened, where and when the accident occurred. Your attorney will help you get a copy of the police report as well. Even though New Jersey is a choice no fault state, the law still creates liability for a driver who causes serious injury.
Of course, you must show that your injuries fall into the "serious" category. You need to have your injuries assessed by medical professionals. If they are serious, your damages from the auto accident may include lost income or ability to earn that you lose. You need to identify all of the financial losses you incur to include in the settlement you seek.
Insurance and Negotiations
The other driver's insurance company usually hires or pays for the lawyer representing that driver. The limits of the insurance policy thus provide the top end of the settlement authority, unless you can demonstrate bad faith by the insurer in its negotiations. You only have two years from the date of an accident to file suit, so if the negotiation drags out, your lawyer may file suit on your behalf to maintain leverage and get you the best settlement possible.
If you have been seriously injured in an auto accident, don't try to go it alone or rely on your insurance company. Contact Stern and Stern so we can help you get the settlement you deserve.