Toms River, NJ (July 22nd, 2022) – In the early morning hours of July 22nd, three individuals lost their lives in a traffic accident that happened at an intersection in Toms River.
According to official reports, EMS and the police were called to the scene of a catastrophic accident that happened just before 12:30 a.m. at the intersection of Hospital Drive and Lakehurst Road.
Once first responders arrived at the scene of the collision, they found three people deceased. At the time of this official announcement, it was not immediately clear whether those deceased were traveling together and how many vehicles were involved in the accident.
The police indicate that investigators are working to notify the relatives of those deceased and additional information about the accident will not be made public yet. Both the Ocean County Prosecutor’s Office and the Toms River Police are working to investigate the cause of the accident.
It is not yet known whether other people were injured in the accident.
The unexpected passing of a loved one will always cause emotional as well as financial upheaval in the lives of the victim’s survivors. When the death was the result of an auto accident, attempting to make important decisions can be challenging. If the accident was caused as a result of the negligence of another, the matter can be even more difficult to deal with.
When a person loses his or her life because of a careless party, the victim’s survivors may be entitled to monetary compensation for their damages through a wrongful death claim. The claim will seek to recover what the victim could have recovered had he or she survived the accident and filed a personal injury case for his or her injuries and damages.
Like most personal injury cases, wrongful death cases have to abide by a strict statute of limitations. The case has to be filed within 2 years of the victim’s passing in order to be valid. If the case is filed after the 2 years have passed, the plaintiffs will no longer be able to pursue the case for compensation.
Aside from the statute of limitations, would-be plaintiffs in the State of New Jersey must also be aware that there are only certain people who are allowed to bring a wrongful death case forward. Based on current law, only immediate family members, such as the spouse, children, or parents of the deceased can file the case on the victim’s behalf. Other parties that may potentially be eligible include those who were financially dependent on the deceased, such as stepchildren, grandchildren, or nieces and nephews.
Once the case has been filed, the plaintiffs can seek restitution for the loss of wages and financial support the deceased victim would have otherwise provided. The plaintiff can also seek monetary compensation for the loss of household services, companionship, and emotional support. Aside from this, other monetary damages that can be sought include any accumulated medical expenses the deceased amassed prior to his or her passing and funeral and burial expenses.
In order to obtain monetary compensation following the victim’s death, it is necessary for plaintiffs to prove the wrongful death was caused by the accused party. Proving a wrongful death case is not the same as a criminal case, in which a prosecutor will need to prove the accused’s guilt beyond a reasonable doubt. Instead, wrongful death cases are civil claims that are proven through the legal theory of negligence. To demonstrate liability in this type of case, the claim has to demonstrate three things: duty of care, breach of duty, and causation.
Duty of care essentially means that the accused party owed the deceased some level of responsibility to keep him or her safe and free from injury. For instance, drivers in the State of New Jersey owe others they share the roads with a duty to drive reasonably safe and abide by traffic laws to avoid causing accidents and subsequent injuries.
In legal terms, breach of duty refers to proving that the accused party breached his or her duty of care to the victim. This then means that the accused was negligent and it is necessary to demonstrate that given the circumstances, the actions or inactions committed by the accused would have injured and/or killed anyone. In a traffic accident involving drunk driving, the breach of duty can be proven by demonstrating that the accused party was driving while inebriated at the time of the collision.
Finally, causation means that it is necessary to prove that the breach of duty of care caused the death of the victim. This could be demonstrated by showing that the victim’s fatal injuries were a direct consequence of the accident that was caused by the at-fault party’s negligent actions.
Similar to personal injury claims, wrongful death lawsuits begin long before the claim is actually filed. Following the victim’s passing, it is crucial to collect important evidence, such as the victim’s police reports, medical records, witness statements, and more. When this information can be obtained, it may be possible to build a strong case against the negligent at-fault party.
The Wrongful Death Act and Survival Statute in the State of New Jersey allow for heirs to seek legal remedies when a loved one was killed in a tragic accident. If you have recently lost a loved one in a traffic accident due to the wrongful actions of another, a skilled wrongful death attorney will make sure you recover the monetary compensation you need to cover the expenses caused by the victim’s death.
At Smith & Williams Law Firm, LLC, the proficient team of wrongful death litigators will ensure you and your family achieve a sense of justice following the wrongful death of a loved one. Through careful examination and preparation, the dedicated team of attorneys at Smith & Williams Law Firm, LLC will help you maximize the compensation you receive. Consider hiring the law firm – schedule your free case evaluation by completing the online contact form found here or dial (908) 264-7228 today.
