Husband was killed in car accident after leaving a company Christmas party by hitting a tree. He was 3x the legal limit and hit something on the way out of the parking lot then hit a tree 1 mile up the road and passed away. Company says workers brought in alcohol which I find hard to believe and video surveillance is MIA.
1st off sorry for your loss, but without a great deal more facts it would be hard for anyone to give you a reasonable answer - you should bring this question to the attorney who is handling the case and get their opinion, that is what you hired them for.
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Sorry for your loss. Hard to know the odds based upon your sketchy facts. Much more needs to be known. If you have not yet done so, engage the best trial lawyer you can find. He or she should be experienced with the impact of New Jersey "dram shop" liability on personal injury and wrongful death actions. Your lawyer will likely hire an investigator and appropriate experts to support the case in terms of liability and damages. Good luck in getting this resolved.
This answer is provided for information purposes only. It should not be relied upon as legal advice which can only be offered to clients in an office consultation setting when all the facts and circumstances can be fully considered and reviewed.
You do not state whether you have an attorney. If not, you need to get one as soon as possible. This is a case that needs an expert. What should be done is a meeting with a very good expert, an attorney and yourself to discuss all of the facts. I am currently working on a dram shop case, which is what these cases are called, and have a great expert on this issue that is a professor at Rutgers University. He wrote an awesome report and we are close to trial, having completed all discovery. The bar is now asking for a settlement demand. My client had to have spine surgery on his cervical and lumbar spine. Without an expert, you will be able to prove your case.
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I’m so sorry to hear about your husband. Whether you have a case worth suing on with an attorney would depend on exactly what happened. I would need more details to tell you. That said, you should definitely consult an experienced New Jersey personal injury attorney immediately for a free consultation. You can easily find one of us on Avvo.com. You may well have a case. But there are legal deadlines to bring claims. You must take proper legal action in time to preserve your rights, or you will be forever barred from recovering compensation. I hope that the above was helpful.
This answer is given for informational purposes only. It is not legal advice, and should not be relied upon as such. You should consult a qualified attorney in your jurisdiction for a formal legal opinion as to any legal issues you may have.
As others have indicated, it is difficult to assess your matter based on the limited information provided. As indicated, your husband's estate may have what is called a "dram shop" action and this needs to be thoroughly investigated. If you have not already retained an experienced personal injury attorney, you should consult with one right away.
Kevin M. Regan, Esq.
I am sorry for your loss. You should address this question to your attorney. He or she would be in the best position to answer your question as they would presumably have many more details that you have provided. If you have not retained an attorney, you should contact a certified civil trial attorney to discuss this in detail. it is not an easy claim, however, many hard cases have been won before. This is worth spending more of you time on than just sending out a three sentence question.
First, let me say how sorry I am for your loss.
However, no one here is going to be able to answer this question without more information.
You will need to consult in person with an attorney who is experienced in wrongful death cases. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
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