After an accidental injury, the law gives you the right to hold negligent parties liable for your medical bills and other losses. However, what happens if someone does not survive an accident or a violent incident? The law does not allow deceased parties to bring legal claims, but this does not mean that the liable party is off the hook. Instead, it is up to those closest to the deceased victim to seek legal recovery.
New Jersey State Wrongful Death Laws
Every state has its own version of a wrongful death law, with different requirements, rights, and restrictions about this type of legal case. Specifically, the law defines what constitutes a wrongful death for legal purposes. In New Jersey, wrongful death is “caused by a wrongful act, neglect or default of another.” This means a claim can arise from negligence, but also from intentional acts of violence.
There are many events that can lead to fatalities and subsequent wrongful death claims. Some examples include:
- Drunk driving accidents
- Other types of car crashes
- Commercial truck accidents
- Pedestrian accidents
- Motorcycle or bicycle crashes
- Medical malpractice
- Nursing home abuse or neglect
- Assault leading to homicide
This is not an exhaustive list, and any fatal accident or incident that was someone else’s fault could lead to a possible wrongful death claim. A skilled attorney should evaluate what happened and the rights of your family
Proving Wrongful Death
Wrongful death claims are brought by the executor of the deceased person’s estate, with the proceeds going to qualifying family members. Once you bring a wrongful death claim, you need to provide evidence to support your claim, which means you must prove that someone else was more likely than not at fault for the fatality.
Proving negligence or misconduct can involve different types of evidence, such as:
- Witness statements
- Video footage
- Police reports and criminal convictions
- Expert testimony
- Medical records
It is also necessary for you to prove the extent of the damages you seek, which can include the loss of financial support of the deceased, loss of household services, love, and companionship, and costs of medical care, burial, and a funeral. While you are dealing with the emotional fallout of an unexpected loss, you should allow an experienced legal professional to assess and stand up for your rights under New Jersey law.
Contact a New Jersey Wrongful Death Lawyer to Learn About Your Rights
At the Leonard Legal Group, we know how devastating it is to lose a close family member due to the mistakes or misconduct of another party. The aftermath can be difficult financially and emotionally, and it can help to seek justice under the law for the untimely loss in your family. These cases are often challenging, as the defendant will likely aggressively defend against liability. You need a skilled wrongful death attorney in New Jersey handling your case from the very start. Call 973-984-1414 or contact us online for a free case evaluation.