Losing a loved one is hard enough. It’s even harder if you think someone else may have been responsible for your loss. If you suspect your loved one suffered a wrongful death, here are some things to consider to determine whether you may be able to file a wrongful death lawsuit.
Was Someone Else Responsible?
By definition, a wrongful death is one that was caused by the deliberate action or negligence of someone other than the decedent (the person who died). This means that in order for you to have a wrongful death case, you must have good reason to suspect that your loved one died because of someone else’s actions, such as in a car accident.
It’s also important to know that New Jersey uses a comparative negligence standard, so you are able to file a lawsuit even if you suspect your loved one was partly responsible for their injury.
Was the Death at Work?
If your loved one died at work, then it’s unlikely you’ll be able to file a wrongful death lawsuit. Instead, your compensation will have tom come through the worker’s compensation system, which has very rigid compensation limits.
Can You Sue for Wrongful Death?
Not everyone is able to sue for wrongful death in New Jersey. The only people who can file a lawsuit for wrongful death in this state are:
• Spouses
• Parents
• Children
• Siblings
However, the damages for each individual will vary based on the nature of the relationship and loss.
If you suspect that you may have a wrongful death case, you should find out for sure with a free initial consultation with the lawyers at Andres, Berger & Tran in Haddonfield, NJ.
