Losing a loved one is difficult under any circumstances. When someone’s death was caused by another person’s negligence, recklessness, or wrongful conduct, the loss can be even more devastating.
In New Jersey, certain family members may have the right to pursue a wrongful death claim when a loved one dies because of another party’s actions or failure to act. A wrongful death claim is a civil lawsuit intended to help surviving family members recover compensation for the financial and personal losses caused by the death.
What Is Considered Wrongful Death?
Generally, a wrongful death claim may arise when a person dies because someone else was negligent, reckless, or engaged in another wrongful act.
A simple way to think about it is:
If the person had survived, would they have had the right to bring a personal injury claim against the responsible party?
If so, their death may give rise to a wrongful death claim.
Wrongful death cases can arise from many different situations, including:
- Car and truck accidents — Fatal crashes caused by distracted driving, speeding, drunk driving, or other negligent conduct.
- Motorcycle and pedestrian accidents — Deaths caused by negligent drivers or unsafe road conditions.
- Medical malpractice — Deaths resulting from negligent medical care, such as surgical errors, medication mistakes, misdiagnosis, or delayed treatment.
- Unsafe property conditions — Fatal injuries caused by dangerous or poorly maintained property.
- Defective products — Deaths caused by dangerous products, defective machinery, or unsafe medical devices.
- Workplace accidents — Fatal accidents caused by unsafe working conditions or other negligent conduct.
- Other wrongful or negligent acts — A wrongful death claim may arise from many other circumstances depending on the facts of the case.
Every case is different. Determining whether a death qualifies as wrongful death requires looking carefully at what happened, who was responsible, and whether their conduct caused the death.
What Must Be Proven in a New Jersey Wrongful Death Case?
While the specific requirements depend on the circumstances, a wrongful death claim generally requires evidence showing that the responsible party’s conduct caused the death and resulted in legally recoverable losses.
1. The Responsible Party Owed a Duty
The person or business responsible for the death must have owed a legal duty to the deceased.
For example, drivers have a duty to operate their vehicles safely, doctors have a duty to provide appropriate medical care, and property owners may have duties regarding dangerous conditions on their premises.
2. That Duty Was Violated
There must be evidence that the responsible party failed to act as a reasonably careful person or business would have acted under similar circumstances.
This may involve negligence, recklessness, or other wrongful conduct.
3. The Conduct Caused the Death
There must be a connection between the wrongful conduct and the death.
In other words, it is not enough to show that someone acted negligently. The evidence must establish that the negligence or wrongful conduct caused or contributed to the fatal injury.
4. The Family Suffered Losses
A wrongful death can cause significant financial and personal losses. Depending on the circumstances, a claim may seek compensation for losses such as lost financial support, medical expenses, funeral expenses, and the loss of the deceased’s companionship and guidance.
Who Can Bring a Wrongful Death Claim in New Jersey?
New Jersey law generally provides that a wrongful death action is brought by the personal representative of the deceased person’s estate for the benefit of the individuals entitled to recover under New Jersey’s wrongful death laws.
The people who may be entitled to compensation can include a surviving:
- Spouse or domestic partner
- Children
- Parents
- Other family members who meet the legal requirements
Who is entitled to recover—and what damages may be available—depends on the deceased person’s family situation and the specific circumstances of the case.
What Compensation May Be Available?
No amount of money can replace a loved one. However, a wrongful death claim may help a family deal with the financial consequences of an unexpected death.
Depending on the circumstances, compensation may include:
- Medical and hospital expenses related to the final injury or illness
- Funeral and burial expenses
- Loss of financial support
- Loss of the deceased person’s services
- Loss of companionship and guidance
- Other losses recognized under New Jersey law
The value of a wrongful death claim depends on numerous factors, including the deceased person’s age, income, family relationships, medical expenses, and the circumstances surrounding the death.
How Long Do You Have to File a Wrongful Death Claim in New Jersey?
Wrongful death claims are subject to strict deadlines, known as statutes of limitations. In many New Jersey wrongful death cases, the general deadline is two years from the date of death. However, exceptions may apply depending on the circumstances and the identity of the potentially responsible party.
Because missing a filing deadline can prevent a family from recovering compensation, it is important to speak with an attorney as soon as possible after a wrongful death.
What Should You Do After a Wrongful Death?
If you believe your loved one’s death may have been caused by someone else’s negligence or wrongful conduct, try to preserve any information related to the incident.
This may include:
- Police or accident reports
- Medical records and bills
- Photographs or videos
- Insurance information
- Names and contact information for witnesses
- Employment and income records
- Other documents related to the accident or death
You should also avoid making statements to an insurance company or accepting a settlement before understanding your legal rights.
Speak With a New Jersey Wrongful Death Attorney
If you have lost a loved one because of another person’s negligence or wrongful conduct, you do not have to navigate the legal process alone.
A New Jersey wrongful death attorney can investigate what happened, determine who may be responsible, explain your family’s legal rights, and pursue the compensation available under New Jersey law.
At Joseph M. Ghabour & Associates, LLC, we understand that no legal claim can undo the loss of a loved one. Our goal is to help families understand their options and hold responsible parties accountable.
If you believe your loved one’s death may have been caused by negligence, contact our office to discuss your situation with a New Jersey wrongful death attorney.
