Wrongful death claims are among the most complex and emotionally charged. Proving someone is responsible can be challenging, and substantial financial compensation may be at stake. Ask an attorney for help proving your claims so you can obtain justice for your family.
We must establish four crucial legal elements. We must prove that the defendant owed your loved one a legal duty, they violated this duty, the defendant’s violation caused the death, and the extent of the damages. To prove these elements, we need evidence, which will vary based on how your loved one was injured and what evidence is available.
Ask our New Jersey wrongful death attorneys for a free, private case review by calling Agrapidis & Maroules, P.C. at (201) 777-1111.
What Legal Elements Do You Have to Prove in a New Jersey Wrongful Death Lawsuit?
Wrongful death claims, like any other civil claim, require proving specific legal elements. If any one of these elements cannot be proven by a preponderance of the evidence, the case may not succeed.
The Defendant’s Duty
We must establish that the defendant towed your loved one a duty. This obligation may stem from the relationship between the defendant and your loved one. For example, a doctor owes a duty of care to patients.
Often, a duty is defined by law. For example, all drivers on the road owe a duty of care to all other drivers to stop at stop signs.
The Defendant Breached Their Legal Duty
Next, we must show what the defendant did or failed to do that constitutes a breach of that duty. If your loved one passed away after a car accident, we may need to prove that the defendant violated the traffic code or was driving dangerously.
Common examples of breaches in such cases include driving while intoxicated, texting and driving, and running red lights or stop signs.
Causation
Once we establish that the defendant breached their legal duty, our New Jersey wrongful death attorneys must establish that this breach is caused your loved one’s wrongful death. The defendant may argue that something other than their breach of duty caused the accident, and we must be prepared to prove otherwise.
Damages
Finally, we must prove your damages. Your loved one’s death itself is part of this, along with your family’s monetary harms. Evidence of costs, like funeral and burial expenses, should be saved, and we may need financial records to prove the value of the financial support you lost from your loved one.
What Kind of Evidence Should You Have to Prove Wrongful Death Claims?
For any civil lawsuit to succeed, plaintiffs must present sufficient evidence.
Your Loved One’s Medical Records
First, we should introduce your loved one’s medical records as evidence. Many wrongful death victims receive emergency medical care before passing away, and their medical records may explain their cause of death.
Witness Testimony
Next, we should talk to as many witnesses as possible. Accidents often happen in public spaces, and there may be numerous people who can testify.. In car accidents, other drivers and passengers may have seen what happened.
If we have trouble finding potential witnesses, we can speak to law enforcement about the case. If the authorities investigated, they may have identified potential witnesses we can interview.
Financial Records
Plaintiffs in wrongful death cases may claim economic damages such as lost income and financial support from their deceased family member. That means we need financial records showing how much your loved one contributed to your household.
Their banking information, salary details, and expected future pay increases or promotions should be considered.
Photographic Evidence of the Accident
Many accidents are photographed shortly after they happen. Injured victims and witnesses often take photos of accident scenes, often used as evidence in a lawsuit or insurance claim.
Since accident scenes are usually cleaned up quickly, these photos may be all that is left to preserve crucial details.
Video Recordings from the Accident
Video cameras are everywhere today, and there may be a video recording out there of your loved one’s accident. We just have to find it.
We might already know of video evidence , for example, if they had a dashcam in their car. Additionally, they may have been recording something on their phone at the time of the accident. We should review all data they might have left behind.
We should also check whether any security cameras around the accident scene recorded anything. Perhaps a security camera at a nearby business caught everything on video. If that is the case, we must act fast to get the video footage before it is deleted or erased.
FAQs About Proving Wrongful Death Claims in New Jersey
How Do You Prove a Wrongful Death Claim in New Jersey?
Proving a wrongful death claim requires proving that the defendant owed your loved one a duty of care, that they breached this duty, that their breach directly caused your loved one’s death, and the extent of your damages.
What Evidence Do You Need to Prove a Wrongful Death Claim?
Evidence will vary from case to case, but wrongful death cases often require the deceased person’s medical records, witness testimony from the accident, and financial records regarding pecuniary or monetary losses.
Who is Allowed to Sue for Wrongful Death in New Jersey?
In New Jersey, the deceased person’s personal representative must file the lawsuit in court, and their name will be on the case. The personal representative is often someone appointed in the deceased’s will and is usually a family member, though they might be a close friend or even the deceased’s lawyer.
What Damages Are Available in a Wrongful Death Lawsuit?
In New Jersey, wrongful death plaintiffs may sue for pecuniary losses, but not non-economic damages such as pain and suffering. This means you may claim damages for things like funeral costs, lost financial support, and various other monetary costs, but you may not claim damages for grief or distress.
However, you should also file a survival action and claim damages for the pain and suffering your loved one consciously experienced before passing away.
How Soon After an Accident Should You File a Wrongful Death Lawsuit?
In New Jersey, plaintiffs must file wrongful death claims no later than 2 years after their loved one’s date of death. Please note that this limitation period runs from the date of death, not necessarily the day that your loved one was initially injured.
Ask Our New Jersey Wrongful Death Attorneys for Legal Help Now
Ask our New Jersey wrongful death attorneys for a free, private case review by calling Agrapidis & Maroules, P.C. at (201) 777-1111.