New Jersey Fatal Drunk Driving Accident Lawyers

Fatal drunk driving accidents often result in wrongful death civil lawsuits. There may also be criminal charges filed in such cases, however, that does not stop a bereaved family from filing a wrongful death lawsuit seeking compensation for the loss of a loved one at a later point in time.

On average across the nation, there are roughly 30,000 motor vehicle fatalities every year, with 31 percent of those deaths involving a drunk driver. Furthermore, someone is seriously injured or dies in an alcohol-related crash every hour. In the state of New Jersey from 2003 to 2012, 1,816 people lost their lives as a result of crash involving a drunk driver. Overall in New Jersey, 601 people died in crashes in 2016, up from 561 in 2015. According to the Centers for Disease Control and Prevention (CDC), Mothers Against Drunk Driving (MADD) and the New Jersey State Police, statistics relating to fatal drunk driving accidents show:

• Pedestrian collisions were the most common fatal alcohol-impaired accidents in 170 out of 522 accidents in 2015

• The vast majority of drunk driving crashes in the state of New Jersey happen on county and state roads, with few accidents on interstate highways

• DWI/DUI was cited as contributing to 118 of 522, or 22 percent, of fatal collisions in New Jersey in 2015

• Fatal drunk driving accidents cost state taxpayers approximately $992 million each year

If a grieving family does decide to file a wrongful death lawsuit after losing a loved one in a drunk driving crash, it is important to note that every state has its own laws. In New Jersey, a wrongful death is a death caused by a “wrongful act, neglect or fault of another.” The conditions that resulted in the death must be such that if the deceased had lived, they would have been able to file a personal injury lawsuit. In wrongful death cases, which are personal injury lawsuits, a claim may be brought by another party on behalf of the victim.

New Jersey Time Limits to File Wrongful Death Claims
Under the New Jersey statute of limitations, a wrongful death claim must be filed within two years of the date of the deceased’s death. If the claim is not filed within the proper time frame, it may be barred from moving forward.

There are other factors that may affect the time frame for the statute of limitations, and therefore, it is best to speak with an experienced New Jersey fatal drunk driving accident attorney, particularly if you are close to the two year limit as outlined in the statute.

Who May File a Wrongful Death Claim in New Jersey?
Typically, a wrongful death claim, which arises out of a drunk driving accident, is brought on behalf of surviving family members. Damages recovered are usually distributed to surviving family members who were dependent on the victim at the time of death and are next of kin.

Family members who may receive damages in a wrongful death case in New Jersey include:
• Surviving spouse/children/grandchildren
• Surviving parents
• Next of Kin

Damages in a wrongful death claim in New Jersey may include:
• Loss of companionship/guidance/care and comfort
• Loss of financial support
• Reasonable medical, funeral and burial costs
• Loss of valued household services, such as childcare

Survival Action: in New Jersey, the estate of your loved one may also bring a claim for the conscious pain and suffering of your loved one before their death.

In New Jersey, surviving family members may not recover damages for emotional distress. However, if a surviving family member was present when a victim died, they may be able to seek damages for severe emotional distress by filing a separate claim.

Each wrongful death case is unique and requires a prompt and exhaustive analysis into the causes of your loved one’s death. Our team of experienced New Jersey Wrongful Death lawyers will hire the appropriate experts, including accident reconstructionists, toxicologists, and other experts, when necessary, to hold those responsible for your loved one’s fatal accident. Please call our dedicated New Jersey Fatal Drunk Driving accident attorneys with the Todd J. Leonard Law Firm today and schedule a free case evaluation.