Losing a loved one unexpectedly can leave a family overwhelmed with grief, financial concerns, and difficult decisions. When the death may have been caused by someone else’s negligence or wrongful conduct, there may also be a legal claim to pursue.
Families often do not know where to begin. Understanding the steps that may follow can make the process feel more manageable.
Step 1: Obtain the Death Certificate
A certified death certificate is an important document following a death. It may be needed to handle the deceased person’s estate, insurance claims, financial accounts, and legal matters.
Families should request several certified copies, as different organizations may require an original or certified copy.
Step 2: Gather Important Documents
Try to collect documents relating to the deceased person and the circumstances surrounding the death.
These may include:
- Death certificate
- Will or other estate documents
- Letters Testamentary or Letters of Administration, if the estate has been opened
- Police or accident reports
- Medical records and bills
- Insurance policies and correspondence
- Employment and income records
- Funeral and burial expenses
- Photographs and videos
- Names and contact information for witnesses
- Text messages, emails, or other communications related to the incident
You do not need to have every document before speaking with an attorney. Your lawyer can help determine what additional records may be needed and assist in obtaining documents that are not readily available.
Step 3: Preserve Evidence
Evidence can become harder to locate as time passes. If you believe your loved one’s death was caused by an accident, unsafe condition, medical negligence, or another wrongful act, it is important to preserve available evidence.
Depending on the circumstances, this may include photographs, video footage, damaged property, vehicle information, medical records, electronic communications, and witness information.
An attorney can also take steps to investigate the incident and preserve evidence that may be important to the claim.
Step 4: Determine Whether the Estate Needs to Be Opened
A wrongful death case can involve both the deceased person’s estate and surviving family members.
If the deceased left a will, the person named as executor may need to be appointed by the appropriate court or Surrogate’s Office. If there is no will, an administrator may need to be appointed.
Depending on the circumstances, the estate representative may receive Letters Testamentary or Letters of Administration, which establish the person’s authority to act on behalf of the estate.
This process can be confusing, particularly while a family is grieving. An attorney can explain what may be required and help coordinate the legal process.
Step 5: Notify the Appropriate Insurance Companies
There may be several insurance policies involved depending on how the death occurred.
For example, a fatal motor vehicle accident may involve automobile insurance, while a death caused by unsafe property may involve a property owner’s insurance policy.
Insurance companies may contact surviving family members soon after the death. It is important to remember that an insurance company’s interests are not necessarily the same as the family’s interests.
Before providing a recorded statement or accepting a settlement, consider speaking with an attorney about your legal rights.
Step 6: Investigate What Happened
Before pursuing a wrongful death claim, an attorney will typically need to understand how the death occurred and who may be legally responsible.
An investigation may involve:
- Reviewing police or investigative reports
- Obtaining medical records
- Speaking with witnesses
- Reviewing photographs and video
- Examining accident or incident evidence
- Consulting with appropriate experts
- Reviewing employment and financial records
- Identifying potentially responsible individuals, businesses, or insurance companies
The goal is to establish what happened, why it happened, and whether another party may be legally responsible.
Step 7: Determine the Family’s Losses
A wrongful death can affect a family in many ways.
In addition to the emotional loss of a loved one, family members may suddenly face medical expenses, funeral costs, loss of income, and the loss of services and support the deceased provided.
An attorney may gather financial, employment, medical, and family information to document the losses associated with the death.
Step 8: File the Wrongful Death Claim
Once the circumstances have been investigated and the appropriate parties have been identified, a wrongful death lawsuit may be filed when appropriate.
The lawsuit formally sets out the allegations and the legal claims being made against the responsible party.
Not every wrongful death case proceeds to trial. Many cases are resolved through negotiations, mediation, or settlement.
Step 9: The Discovery Process
If a lawsuit is filed, both sides generally exchange information and evidence through a process known as discovery.
Discovery may involve:
- Written questions
- Requests for documents
- Requests for admissions
- Depositions
- Expert reports and testimony
- Additional investigation
This process allows each side to understand the evidence and arguments involved in the case.
Step 10: Settlement Negotiations or Mediation
Many wrongful death cases are resolved without going to trial.
Settlement negotiations may take place throughout the case. The parties may also participate in mediation, where a neutral third party helps them attempt to reach an agreement.
A family should understand the potential value of the claim, the evidence supporting it, and the risks involved before deciding whether to accept a settlement.
Step 11: Trial, If Necessary
If the parties cannot reach a fair settlement, the case may proceed to trial.
At trial, each side has the opportunity to present evidence and arguments. The outcome will depend on the facts, applicable law, and evidence presented.
Although many cases settle before trial, preparing a case as though it may go to trial can help ensure that important evidence and legal issues are properly addressed.
How Long Does a Wrongful Death Case Take?
There is no set timeline for a wrongful death case in New Jersey.
Some cases may resolve relatively quickly, while others can take considerably longer. The timeline can depend on the complexity of the case, the number of parties involved, the amount of evidence that must be collected, the extent of the family’s losses, and whether the case proceeds to trial.
It is generally more important to focus on building a strong case than rushing into an early settlement.
What Should a Family Avoid After a Wrongful Death?
After a tragic loss, families may receive calls from insurance companies, investigators, medical providers, creditors, and other parties.
Some important steps include:
- Do not immediately accept a settlement without understanding what you may be entitled to recover.
- Do not destroy or discard potential evidence.
- Keep copies of important documents and correspondence.
- Be cautious about posting information about the incident or lawsuit on social media.
- Do not assume you have no claim simply because you are unsure who was responsible.
- Do not wait until the last minute to speak with an attorney.
Wrongful death claims are subject to deadlines, and waiting too long can affect your ability to pursue a claim.
You Don’t Have to Handle Everything Alone
After losing a loved one, the legal process can feel like one more burden during an already painful time.
You do not have to know every legal requirement or have every document before contacting an attorney. A New Jersey wrongful death attorney can help investigate what happened, identify potentially responsible parties, assist with the estate process, preserve evidence, and explain the legal options available to the family.
At Joseph M. Ghabour & Associates, LLC, we understand that no legal action can undo the loss of a loved one. Our role is to help families understand their rights, protect their interests, and pursue the compensation available under New Jersey law.
If you have lost a loved one because of another person’s negligence or wrongful conduct, contact our office to discuss your situation with a New Jersey wrongful death attorney.
