Understanding Wrongful Death Claims in New Jersey: Seeking Justice for Your Loved One

Dealing with the loss of a loved one is one of the most challenging experiences anyone can face. When that loss is caused by the negligence or intentional actions of another party, the emotional toll can be compounded by a sense of injustice. In such cases, you may have the option to seek justice through a wrongful death claim.

What Constitutes a Wrongful Death Claim?

In New Jersey, a wrongful death claim arises when a person dies due to the wrongful act, neglect, or default of another party. This can include a wide range of circumstances, such as car accidents, medical malpractice, defective products, workplace accidents, or violence.

The right to file a wrongful death claim is reserved for certain parties defined by law. Generally, the right to file a claim belongs to the deceased person’s surviving spouse, children, or parents. If the deceased had no surviving spouse, children, or parents, then siblings, nieces, nephews, or other dependents may be eligible to file a claim. It’s important to note that the personal representative of the deceased’s estate must file the wrongful death claim on behalf of the eligible parties.

Compensation in Wrongful Death Claims

Compensation in wrongful death claims typically aims to cover financial losses suffered by the surviving family members due to the death of their loved one. This can include expenses such as medical bills, funeral and burial costs, lost income, loss of companionship, and other related damages. New Jersey law allows for both economic and non-economic damages to be awarded in wrongful death claims.

Statute of Limitations for Wrongful Death Claims

It’s important to be aware of the statute of limitations for filing a wrongful death claim in New Jersey. The statute of limitations sets a timeframe within which a claim must be filed, and failing to do so within this timeframe can result in the loss of the right to seek compensation. In New Jersey, the statute of limitations for wrongful death claims is generally two years from the date of death.

Proving Wrongful Death in New Jersey

Proving wrongful death in New Jersey requires establishing that the death was caused by the negligence or intentional actions of another party. This often involves gathering evidence such as medical records, witness statements, expert testimony, and other relevant information to support the claim. Working with an experienced personal injury attorney who understands New Jersey laws and court procedures can be instrumental in building a strong case.

Comparative Negligence in Wrongful Death Claims

New Jersey follows a comparative negligence rule when it comes to wrongful death claims. This means that if the deceased person was partially at fault for the incident that led to their death, the amount of compensation awarded can be reduced proportionally. For example, if the deceased was found to be 20% at fault, the compensation awarded would be reduced by 20%.

How We Can Help

Dealing with a wrongful death claim is undoubtedly a challenging and emotionally draining process. Seeking legal guidance from an experienced personal injury lawyer who specializes in wrongful death claims in New Jersey is crucial in navigating this complex legal terrain. A knowledgeable attorney can provide valuable support, guidance, and advocacy throughout the legal proceedings, ensuring that your rights are protected and that you have the best chance of obtaining the compensation you deserve.

If you have lost a loved one due to the negligence or intentional actions of another party, know that you have legal options available to seek justice and hold the responsible parties accountable. By understanding the intricacies of wrongful death claims in New Jersey and enlisting the help of a skilled attorney, you can pursue the compensation you are entitled to while focusing on honoring the memory of your loved one.