legally in US, US resident. Heir is in Peru, 20 y/o. Decedent died about ten hours after ax (bus hit him, pedestrian). Is there (a) survival action for ten hours pain and (b) wrongful death for benefit of Son in South America (who saw father only three or four times in 20 years and did not depend on him). Also, wife is in South America - legally married but never divorced. She is *wealthy* and never depended on decedent. Can she (a) executrix and/or (b) administrator ad prosequendum. Are her rights greater than those of decedent's girlfriend in the US (cohabited for three years, she is now running the show - i.e. funeral etc).?.. Thanks... Referral fees may be negotiable. Thanks.
Not sure what you mean by "referral fees may be negotiable." This man's estate is his wife and child. (assuming no other children). The girlfriend has no legal standing in this matter even though, as you say, she is running the show.. He is still legally married. A lawyer needs to be brought into this picture so an administrator of the estate can be appointed. A good New Jersey personal injury attorney needs to be retained.
First of all this is a wrongful death situation. Usually a survivor cause of action is for the medical bills and loss of earnings that "survives" and can be recovered by the heirs when someone dies while a personal injury, that is not the cause of death, is pending. So if the decedent was "Legally" married, then he was legally married and the wife would take under intestate succession. As to a wrongful death cause of action it is purely statutory and you would have to look to N.J. law to determine whether the son in South America was a proper plaintiff. If you are a non attorney, then you cannot receive a referral fee, as that would be fee splitting with a non attorney. The son needs to talk to a N.J. personal injury attorney if he wants to pursue a wrongful death claim.
The girlfriend has no standing. He has survival action for the 10 hours of pain and suffering, and son and wife have wrongful death claim for economic loss, which includes Green v Bitner damages.
The wife and son must both renounce their right to be the administratrix/administrator for the girlfriend to have the legal right to represent the estate.
Girlfriend does not have many rights here. You have need of an attorney to sort all out, but son is son, wife is wife. "wealthy" matters little here. A good attorney can work to get girlfriend out of picture before she sells assets and makes big trouble. For example, where are funds for the funeral coming from? They may not be hers to spend.
You must be an attorney. If so, refer the case to a NJ Certified Civil Trial Attorney and you can ethically receive a referral fee. The issues you raise are important but too complex to be fully answered here. Good luck.
Contact a member of the www.newjersey-justice.org
Generally, you would look at the laws where the person was domiciled to determine who meets the profile of New Jersey law for recovery for wrongful death. Some funeral expenses, medical bills will be covered by the bus' insurance. Generally, friends of the decedent are not entitled to anything unless they are common law wives, which requires many factors to be met--just being boyfriend or girlfriend isn't enough. Sorry!
