Who Can Sue for Wrongful Death in New Jersey?
Welcome to The Skiendziul Law Firm, your trusted source for legal expertise in wrongful death cases in New Jersey. In this article, we will explore the various parties who can file a lawsuit for wrongful death in New Jersey, as well as the legal considerations and processes involved.
Understanding Wrongful Death Laws in New Jersey
Wrongful death refers to a tragic incident caused by the negligence or wrongful actions of another, resulting in the death of an individual. In New Jersey, specific laws are in place to ensure that those responsible for wrongful deaths are held accountable and that the surviving family members are adequately compensated.
Eligible Parties to Sue
In New Jersey, the following parties may be eligible to file a wrongful death lawsuit:
- The Surviving Spouse: The surviving husband or wife of the deceased has the right to bring a wrongful death claim. This includes domestic partners and civil unions.
- The Children: If the deceased had children, they may also have the right to file a lawsuit for wrongful death.
- The Parents: In some cases, parents of the deceased may be eligible to bring a wrongful death claim, particularly if the deceased had no spouse or children.
- The Executor or Administrator of the Estate: If none of the above parties file a claim within a specified time, the executor or administrator of the deceased's estate may have the right to file a lawsuit.
It is important to note that New Jersey law does not allow siblings or other extended family members who are not mentioned above to sue for wrongful death. Additionally, the right to sue may be affected by the deceased's marital status, child custody arrangement, and other considerations. Consulting with an experienced wrongful death attorney is crucial to understanding your legal rights and options.
Proving Wrongful Death Claims
When filing a wrongful death lawsuit in New Jersey, the burden of proof lies with the plaintiff. This means that the plaintiff must establish the following elements:
- Duty of Care: The plaintiff must show that the defendant owed a duty of care to the deceased.
- Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care through negligence, recklessness, or intentional wrongdoing.
- Proximate Cause: The plaintiff must establish a direct link between the defendant's actions and the resulting death.
- Damages: The plaintiff must prove that they have suffered measurable damages as a result of the death, such as financial losses, emotional trauma, and loss of companionship.
Successfully navigating these legal requirements requires the expertise of a skilled attorney who specializes in wrongful death cases. At The Skiendziul Law Firm, our dedicated team is committed to advocating for justice on behalf of the surviving family members and holding negligent parties accountable.
The Importance of Legal Representation
The laws surrounding wrongful death claims in New Jersey can be complex and require a thorough understanding of legal procedures and statutes of limitations. Hiring an experienced attorney will ensure that you have a knowledgeable advocate by your side throughout the legal process.
At The Skiendziul Law Firm, we have a proven track record of successfully handling wrongful death cases in New Jersey. Our compassionate and skilled attorneys will work diligently to build a strong case on your behalf, while providing the support and guidance you need during this difficult time.
Contact The Skiendziul Law Firm for a Free Consultation
If you have lost a loved one due to someone else's negligence or wrongful actions, it is crucial to seek legal representation as soon as possible. The Skiendziul Law Firm is here to help.
Contact us today to schedule a free consultation with one of our experienced wrongful death attorneys. We will review the details of your case, answer your questions, and provide you with the guidance you need to pursue justice and fair compensation. Trust The Skiendziul Law Firm to fight for your rights and the rights of your loved ones.
