Filing an Injury Claim for a Loved One in New Jersey
When a serious accident occurs in Woodbury, the person most affected by a negligent act may be physically or mentally unable to pursue legal recourse. At Puff Sierzega & MacFeeters, our injury lawyers frequently meet with concerned family members in Gloucester County who are wondering if they have the legal standing to step in and protect their loved one’s interests.
Who Has the Legal Right to File the Lawsuit?
In New Jersey, “standing” means the legal right to bring a claim in court. In most personal injury cases, the person with standing is the person who was actually injured, because they are the one who directly suffered the harm.
However, there are important exceptions. When the injured person is a minor child, is mentally or physically incapacitated, or has passed away, someone else may need to act on their behalf. In those situations, a parent, legal guardian, estate representative, or other court-authorized person may file the claim to protect the injured person’s rights and ensure the negligent party remains accountable.
When the Victim is Incapacitated
If an adult family member is unconscious or suffers from a cognitive impairment following an accident, they cannot sign legal documents or pursue their own claim. In these sensitive situations, our attorneys focus on helping families navigate the process of establishing legal guardianship or utilizing an existing Power of Attorney.
The Gloucester court may also appoint a “guardian ad litem” to specifically protect the interests of an incapacitated person during the life of a personal injury case.
When a Loved One Has Passed Away
When a family member dies as a result of someone else’s negligence, surviving loved ones may pursue a wrongful death claim under New Jersey law. This right belongs to the estate’s administrator or executor, who acts on behalf of the surviving spouse, children, or other dependents. Our attorneys can help your family navigate this process with care.
The Strategy of the Insurance Companies
Woodbury families should understand that insurance companies are not looking out for their long-term recovery. Often, when they see a family in crisis, they will attempt to offer a quick, minimum settlement. They hope to close the case before the full extent of the long-term medical needs or permanent disability is known.
At our firm, we focus on identifying these tactics early. We understand that a “minimum settlement” rarely covers the lifetime costs of a serious injury. Our attorneys focus on negotiating these offers upward, and we are always prepared to take a case to court if the insurance company refuses to provide a fair and just amount.
Speak With Our Woodbury Personal Injury Attorneys Today
You shouldn’t have to carry the burden of a complex legal battle while also serving as a caregiver for an injured loved one. At Puff Sierzega & MacFeeters, we provide the steady hand and legal focus needed to secure your family’s future.
We are proud to serve the Woodbury community and the surrounding Gloucester County area. To discuss your situation, contact our Woodbury office online, or call (856) 845-0011.
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