When a family member or loved one passes away in an accident, you may choose to pursue a wrongful death action.
Navigating the legal system in the aftermath of a loved one’s death is likely not something you want to do. However, a wrongful death claim can hold the negligent party responsible for the death and provide you and your family with compensation to replace your loved one’s income, as well as other types of compensation.
Wrongful death actions in New Jersey are based on the legal concept of negligence. It is important to understand how to prove a wrongful death and prepare the strongest possible case.
What is a wrongful death?
New Jersey law specifically defines wrongful death as a death caused by a wrongful act, negligence or default. The best way to determine if you have a valid scenario for a wrongful death claim is to decide if your loved one would have had grounds for a personal injury action if they had lived.
Wrongful death claims in New Jersey must be brought within two years of the decedent’s death, with some exceptions. The claim must be filed by the personal representative of the decedent’s estate, although the claim is filed on behalf of the direct family members who will receive the compensation.
Unlike criminal cases, negligence in a wrongful death case does not need to be proven beyond a reasonable doubt. Wrongful death cases are civil actions, meaning they must be proved by a preponderance of the evidence. This means that you must show it is likely that the defendant was negligent.
Once you have decided to pursue a wrongful death clam, here are some helpful ways to prepare for your case.
Identifying the defendant
Before you file your claim, you must determine who to sue. There are sometimes several potential defendants in a wrongful death claim.
For example, in a car accident case, potential defendants could include the driver of the other vehicle, the vehicle manufacturer or a city who failed to maintain the roads properly. It is crucial to understand who can be held accountable since it will impact the strategy you pursue.
Gather all documentation related to the accident and death. This includes the death certificate, any police reports, accident reports, workplace incident reports and medical records.
If you are seeking compensation for medical expenses, having complete medical documentation is essential. Medical documentation should clearly establish the care your loved one received. Workplace records outside of the incident report, such as paystubs and tax forms, can serve as evidence to establish lost wages.
Proving non-economic damages
Collect any other financial documents that demonstrate the effect of the loss. When seeking non-economic damages, such as pain and suffering, therapy records or attendance records from your job showing that you took time off after the death, can be valuable evidence.
No amount of compensation can bring your loved one back. But thorough preparation and strong evidence can hold the person or entity responsible for their death responsible and provide you and your family with the financial resources you need during this difficult time, allowing you to focus on healing and moving forward.
