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What to Do After a Fatal Car Wreck?

Steps to Take After a Fatal Car Crash in New Jersey

Car accidents can be minor, causing minimal damage, or they can be traumatic and fatal. It can be very overwhelming trying to navigate the aftermath of a car accident after losing a loved one. It is crucial to take the following steps to ensure that your rights are protected and that the responsible party is held liable.

Causes of Fatal Car Accidents

Unfortunately, there are many things that can lead to a fatal car accident. A few of the most common include:

  • Driving under the influence of an illegal substance
  • Aggressive driving
  • Distracted driving
  • Speeding or failing to follow local laws
  • Poor weather
  • Improper vehicle maintenance

Important Steps to Take Following a Severe Car Accident

If you are involved in a severe car accident, following these steps can ensure that you have the documents and evidence needed to build your case:

  • Call for help immediately: If you identify any major injuries, either in your own vehicle, or in someone else’s, you will want to call for help immediately. Requesting assistance as soon as possible could prevent injuries from becoming life-threatening.
  • File a police report: A police report might not be the first thing on your mind, but it is an important step after a severe car accident. The police report will assist you with your case if you need to determine liability.
  • Collect evidence: If possible, collecting evidence like the police report, medical records, witness statements, and images of the scene of the accident, may be important in building your case.
  • Discuss your case with a lawyer: Navigating a wrongful death case can get complicated. It is important to choose a legal team that is experienced in New Jersey law and that can assist you in getting the justice that you deserve in your case.

What to Expect in a Wrongful Death Case

The details of your case will dictate what occurs going forward. Additional investigation may be needed if there is any thought of wrongdoing. Your legal team may also need to build your case with detailed medical records and witness reports. Our legal team will work to identify the following important elements of a wrongful death case which include:

  • Duty of care: We must identify that the responsible party owed you or your loved one a duty of care.
  • Breach of duty: We must demonstrate that the responsible party breached that duty of care, either intentionally or through negligence.
  • Causation: We must also connect that the negligence was the cause of the accident.
  • Actual damages: We must identify that actual damages occurred because of the accident. If you lost loved a loved one, then this might include medical costs, funeral/burial expenses, loss of companionship, loss of parental support, lost wages, and any other costs associated with their loss.

The surviving spouse, children, brothers, sisters, or surviving parents may all be eligible to file a wrongful death case. It is important to reach out to a wrongful death lawyer as soon as possible as the state of New Jersey requires that all wrongful death cases are submitted within two years from the date of the death to stay within the statute of limitations laws.

Contact a Mercer County Personal Injury Lawyer to Discuss Your Wrongful Death Case in New Jersey

Did you lose a loved one in a car accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Birkhold & Maider, LLC represent clients in a wrongful death case in Union County, Essex County, Mercer County, Hudson County, and throughout New Jersey. Call 973-784-8583 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 189 Franklin Avenue, Suite #1, Nutley, NJ 07110,  as well as an office in Hamilton.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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