How to Pursue a Wrongful Death Claim After a Rideshare Accident in New Jersey

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Rideshare services like Uber and Lyft have revolutionized transportation, offering convenience and flexibility. However, with the increase in rideshare usage, accidents have become more frequent. When these accidents result in fatalities, the legal implications can be complex, especially concerning wrongful death claims.

Wrongful death occurs when a person dies due to the negligence or misconduct of another. In the context of rideshare accidents, wrongful death claims can arise if the driver, rideshare company, or another party is found responsible for the fatal incident. The legal implications involve proving negligence and establishing a direct link between the defendant’s actions and the death.

How Rideshare Accidents Differ from Regular Car Accidents 

Rideshare accidents differ from regular car accidents primarily due to the involvement of a third-party company (the rideshare service). This adds a layer of complexity, as the company’s liability insurance and the driver’s personal insurance may both come into play. Understanding these differences is crucial for navigating a wrongful death claim effectively.

Immediate Steps to Take After the Accident

When a rideshare accident results in a fatality, the actions taken immediately afterward can significantly impact the outcome of a wrongful death claim.

Securing the Accident Scene 

Ensure that the scene is safe and that no further harm can occur. This includes alerting other drivers and using hazard lights or flares if available. Preserving the scene helps in gathering evidence that could be crucial for the case.

Contacting Law Enforcement and Medical Services 

Call 911 to report the accident and request emergency services. Law enforcement will document the incident, and medical personnel will provide necessary care. Official reports from these authorities will serve as critical evidence in a wrongful death claim.

Gathering Evidence and Witness Statements 

Collect as much information as possible at the scene. This includes taking photographs of the vehicles, the accident scene, and any visible injuries. Obtain contact information from witnesses and note their observations. Such evidence can support your claim by providing an objective account of the events leading to the accident.

Initiating a Wrongful Death Claim

Filing a wrongful death claim involves several legal steps and adherence to specific requirements under New Jersey law.

Eligibility to File a Wrongful Death Claim in New Jersey 

In New Jersey, the immediate family members of the deceased, such as spouses, children, or parents, are typically eligible to file a wrongful death claim. If there are no immediate family members, other relatives who were financially dependent on the deceased may also be eligible.

Statute of Limitations for Wrongful Death Claims in NJ 

The statute of limitations for filing a wrongful death claim in New Jersey is generally two years from the date of death. It’s crucial to adhere to this timeframe, as failure to file within the stipulated period can result in the forfeiture of the right to seek compensation.

Key Documents and Information Needed 

To initiate a wrongful death claim, you’ll need various documents, including the death certificate, police reports, medical records, and any evidence gathered from the accident scene. Additionally, records of financial losses, such as funeral expenses and loss of income, will be necessary to substantiate the claim.

Working with a Rideshare Accident Attorney

Navigating a wrongful death claim can be challenging without professional legal assistance. An experienced rideshare accident attorney can provide invaluable support and guidance.

Importance of Legal Representation 

An attorney specializing in wrongful death cases will understand the nuances of rideshare accidents and can help build a strong case. They will handle all legal aspects, allowing the family to focus on grieving and healing.

How to Choose the Right Attorney for Your Case 

When selecting an attorney, look for experience in wrongful death and rideshare accident cases. Check their track record of successful settlements and verdicts. Consultations are often free, so take the time to speak with a few attorneys to find the one who best suits your needs.

What to Expect During the Legal Process 

The legal process involves several stages, including investigation, negotiation, and potentially trial. Your attorney will keep you informed at each step, ensuring you understand what to expect and how to prepare. They will work to negotiate a fair settlement, but if necessary, they will be ready to take the case to court to secure justice.

Compensation and Settlements in Wrongful Death Cases

Understanding the potential compensation and the factors influencing settlements is essential for setting realistic expectations.

Types of Compensation Available 

In a wrongful death case, compensation may cover a range of damages, including:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of income and financial support
• Loss of companionship and consortium
• Pain and suffering of the deceased before death

Factors Influencing Settlement Amounts 

Several factors can influence the settlement amount, such as the severity of negligence, the deceased’s age and earning capacity, and the emotional impact on surviving family members. The strength of the evidence and the skill of your attorney also play significant roles.

How Settlements Are Typically Reached in Wrongful Death Cases 

Most wrongful death cases are settled out of court through negotiations between the parties involved. Your attorney will strive to reach a fair settlement that compensates for your losses. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the compensation.

Contact The Epstein Law Firm Today

Pursuing a wrongful death claim after a rideshare accident in New Jersey involves navigating a complex legal landscape. By understanding the steps involved and working with a skilled attorney, families can seek justice and compensation for their loss. The Epstein Law Firm, P.A. is dedicated to providing compassionate and expert legal assistance to help you through this challenging time.  Contact us today at 201-231-7847 or schedule a consultation online to learn more.