When your loved one dies because of the wrongful act of another person, you have the right to seek compensation for all your losses. It can be a complicated legal process, so it's essential that you have an experienced and proven attorney to carefully guide you through the process. As a practical matter, unless you can show that the defendant intentionally took the life of your loved one, your lawsuit will be based on a legal theory of negligence.
When your loved one has died because of the actions of a third party, you have a right to seek compensation for your losses-loss of financial support, loss of companionship or consortium, loss of the value of services provided in the home, and the costs of medical and funeral expenses. To bring such an action, you must be a real party in interest, as defined by New Jersey statute-spouses, children, grandchildren, parents, siblings, nieces and nephews all may potentially qualify. To succeed with such a lawsuit, you must typically show (by a "preponderance of the evidence") that the at-fault party was not acting reasonably and caused your loved one's death.
THE LOSSES THAT ARE TYPICALLY COVERED IN AN ACCIDENTAL DEATH LAWSUIT
If your loved one has died because of the carelessness or negligence of another person, and you qualify under the New Jersey wrongful death statute as a real party in interest, you have a right to seek compensation for a wide range of losses. You'll need to show that the defendant's actions failed to meet the accepted standard of care and you'll have to establish a causal link between the breach of care and the accident that resulted in your loved one's death. Once you have proven these two elements, you have a right to recover compensation for:
CAN YOU RECOVER WORKERS' COMPENSATION BENEFITS?
Few things in life are more devastating than the death of a loved one, particularly when it's caused by the careless or improper acts of a third person. Under the law as it currently exists, you can bring legal action against a wrongdoer who caused that death. In this series of blogs, we'll take a closer look at the legal concept of wrongful death-what it is, what you need to prove, who can seek compensation for losses incurred, what types of losses can be recovered, and who is potentially liable.