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Understanding wrongful death claims in New Jersey

On Behalf of | Jul 11, 2024 | Wrongful Death

Losing a family member or loved one in an accident is something you may never get over. While nothing can bring your loved one back, in cases where the accident was caused by another party’s negligence, a wrongful death lawsuit can hold the responsible party accountable.

A wrongful death lawsuit is a civil action, not a criminal case. Therefore, you have the option of filing for wrongful death regardless of whether any criminal charges are filed.

Who can file for wrongful death?

Before you file, it is important to know who can bring the wrongful death claim. New Jersey law requires a wrongful death claim be filed by the personal representative of the victim’s estate.

As with personal injury lawsuits, wrongful death lawsuits are typically based on the legal concept of negligence. You must show that the victim would have had legal grounds to pursue a personal injury claim if they had lived.

Proving negligence

Negligence requires proving that the responsible party failed in their legal duty to act with reasonable care and that failure caused the death of the victim. You must show that the victim’s death would not have occurred but for the negligent actions.

This concept is called causation. You must prove that negligence was the direct cause of the victim’s death.

Proving causation can be challenging

A common defense in a wrongful death case is that the victim’s death would still have occurred even if the defendant was negligent.

For example, if a child riding in a vehicle with their parents is killed when the vehicle is hit by a distracted driver, the distracted driver may argue that the driver of the car the child was in was speeding and would have hit the distracted driver’s car anyway, causing the child’s death.

Economic and non-economic damages

The final requirement to prove negligence is proving your damages. Some damages, such as economic damages, are easier to prove.

Examples of economic damages include medical bills, funeral and burial expenses and lost wages. Receipts and statements are typically used as evidence to prove these damages.

Non-economic damages include loss of earning capacity, loss of companionship and the loss of household services. These are usually harder to put a dollar figure on.

Punitive damages, which are meant to punish a person for their actions, are not allowed in wrongful death lawsuits in New Jersey.

Although the wrongful death claim itself must be filed by the victim’s personal representative, the damages received from the claim may be recovered by the victim’s spouse, parents, children or anyone that was financially dependent on the victim when they died.

The statute of limitations

Your world may be turned upside down when you suddenly lose a loved one due to a tragic accident. Feelings of confusion, shock, panic and sadness are natural. However, if you are considering filing a wrongful death lawsuit, you must do so within two years of the date of death. Otherwise, the statute of limitations can bar you from taking legal action.

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