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Filing a wrongful death claim in New Jersey

On Behalf of | Aug 24, 2018 | Personal Injury

When a loved one dies, the experience may prove heartbreaking. Yet when a loved one dies due to the negligent act of another person or company, the pain may require serious healing.

The state of New Jersey works to compensate you for your loved one’s wrongful death. It is essential that when dealing with proof of negligence that you hire an experienced attorney to aid you in the process of seeking restitution. You face sadness and devastation after your loved one’s passing, but an attorney can help you bring some monetary peace.

Wrongful death claim definitions

Wrongful death occurs when a loved one dies due to a wrongful act, neglect or defect of another person, company or device. Because the claim acts as a civil claim, you may not seek criminal action against an individual responsible for your loved one’s death, but you may receive significant monetary benefits.

After your loved one passes, you have two years to file a claim in New Jersey court. Utilizing this time, with the help of an attorney, you can collect evidence and grieve in a manner that is not rushed by state laws.

To file a proper claim, you must provide evidence that:

  1. The defendant had a duty to protect your loved one from injury
  2. The defendant failed to perform that duty
  3. Your loved one died because of the defendant’s failure

Damages to be sought in wrongful death settlements

Quantifying the monetary value that the loss of your loved one caused is an essential responsibility by a court in New Jersey. Understand that both monetary loss and emotional damage may require compensation if your loved one passes due to negligence.

Damages may include money related to:

  • Hospital bills
  • Medical expenses
  • Funeral arrangements
  • Loss of companionship
  • Future lost earnings

If your loved one died due to a person or business’s negligent action, you first want to work toward healing emotionally. New Jersey court works to aid you in receiving compensatory damages due to the monetary loss of your loved one, so that you can focus on grieving with your family members.