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When someone is killed due to the negligence of another there is a civil action commonly known as “Wrongful Death.” In New Jersey we have the Wrongful Death Act; N.J.S.A. 2A:31.

The Statute of Limitations in New Jersey for filing a wrongful death claim is exactly two years, and no more.

If the person who has been taken from the family was a wage earner, then the monies that were coming into the household are recoverable.

The statute of limitations for a wrongful death claim is two years. Attorney David Maran did settle one wrongful death claim in a little over a year for the loss of the mother of two adult children after she was run over and killed by a local DPW truck.

Wrongful death in New Jersey is based upon a statute, N.J.S.A. 2A:31-1-6, which permits a claim for the dependents of someone who is killed by the negligence of another to obtain monetary damages for their losses.

You can recover punitive damages, when appropriate, in a wrongful death case. Many times, the defendant will not have any significant assets to take, and insurance never covers punitive damages.

People must get medical attention immediately and deal with the obvious first, which is getting the appropriate first aid and emergency care.

If you can remember to jot all pertinent info as in license number of all involved vehicles that will assist the Police department on many levels. Another option is to take photos with your cell phone.

Damages are comprised of economic damages that could be loss of wages, it could be repair of the vehicle, it could be loss of property, things that are equated to money. Pain and suffering is much different.

You always sue the driver and the owner of the truck. However, it can get more involved than that. Large trucks that don’t have appropriate mirrors can often get involved in serious accidents.