Navigating a wrongful death lawsuit can feel incredibly overwhelming. Not only do you have to deal with the loss of your loved one, but you are also forced to navigate New Jersey’s legal system. If you are looking for information on wrongful death claims, it is also likely that you believe that someone else was to blame for their death, which can be even more difficult to manage.
Understanding the details and requirements of a wrongful death claim is important if you are considering filing for compensation.
Four Important Elements of a Wrongful Death Claim
New Jersey requires the following four elements to be present when filing a wrongful death claim:
- Legal duty: The responsible individual must have held a legal duty of care to the deceased victim. This could include other drivers or even a medical professional.
- Breach of duty: The responsible individual must have breached that duty of care. This could be due to neglectful behaviors or intentional harm.
- Causation: The neglectful or careless behaviors of the responsible party must have been the cause of the victim’s death.
- Damages: There must be damages present that can be compensated. This usually includes costs like medical bills or funeral expenses.
When you work with a wrongful death lawyer, they will help you collect important documents and witness statements that identify each of these important elements.
Determining Eligibility in a New Jersey Wrongful Death Claim
Many family members wonder who is eligible to file a wrongful death lawsuit in the name of their loved one. New Jersey allows for the following family members to file:
- Surviving spouse or children
- Surviving parents
- Surviving brothers or sisters
- Surviving nieces or nephews
However, the family member that seeks compensation through a lawsuit must also demonstrate that they were dependent on the victim. The will’s executor or a representative of the victim must be the one to file the case. However, if the individual did not have a will or did not name a representative to their estate, then one of the eligible family members may petition the probate court to become one.
New Jersey Wrongful Death Statute of Limitations
Filing a lawsuit is probably not one of the first things you think about following the loss of a loved one. While it is important to mourn the loss, it is also important to keep New Jersey’s time limits in mind. New Jersey requires all wrongful death cases to be filed within two years from the date of the death. Failing to do so could mean that your case will be thrown out, should you decide to file later.
This can be difficult, especially if you need that compensation to make up for the lost wages of the deceased or to cover funeral expenses. Compensation will not take away the loss, but it can help you and your family deal with it.
If you are considering pursuing a wrongful death lawsuit, it is important to discuss your options with a wrongful death lawyer as soon as possible. Wrongful death lawsuits take time to investigate and build, and whichever legal team you choose, they will need enough time to properly build the case. Reach out to us today and fight to get the compensation you deserve.
Contact a Ventnor City Wrongful Death Lawyer to Discuss Your Wrongful Death Case in New Jersey
Did you wrongfully lose a loved in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive wrongful death attorney on your side, fighting to get you the compensation you need, want, and deserve.
The Law Offices of Richard A. Stoloff represents family members who have wrongful lost a loved one in Atlantic City, Hamilton, Hammonton, Ventnor City, and throughout New Jersey. Call (609) 601-2233 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 605 New Road, Linwood, NJ 08821, as well as an office in Philadelphia, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.