What Must You Prove to Recover Damages for the Accidental Death of a Loved One?
You’ve lost a beloved family member in a car or truck accident, or because of a slip and fall. Can you file a wrongful death claim against the party who caused the accident? What key facts must you show to successfully file a wrongful death claim for your losses?
Key Elements of a Wrongful Death Action in New Jersey
First, you must show that your claim involves the death of a human being. You must also show that you have standing to bring a wrongful death action. In New Jersey, the parties with standing include the surviving spouse, children, parents, and siblings of the deceased, provided they were financially dependent on the deceased at the time of death or are entitled to an inheritance.
A wrongful death lawsuit is a form of personal injury claim and therefore requires all the elements of any other personal injury lawsuit. Most personal injury claims, and most wrongful death claims, are based on a legal theory of negligence. To demonstrate negligence, you must show:
- That the defendant (the at-fault party) breached their duty to act with reasonable care — As a general rule, all persons in society have a duty, at all times, to act as a reasonable person would under the circumstances. To have a claim based on negligence, you must show that the defendant did not exercise that level of care.
- That the defendant’s failure to act with reasonable care caused the accident that ultimately led to the death of your loved one — To successfully prove causation, you must show that the accident would not have occurred if the defendant had acted reasonably. You must also show that the death of your loved one was “reasonably foreseeable” as a result of the defendant’s wrongful act.
- That you have suffered actual losses because of the death of your loved one
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we provide comprehensive counsel to anyone who has lost a loved one because of the negligence of another person. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
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