Whats A Wrongful Death Lawsuit In New Jersey
July 29, 2015
A wrongful death lawsuit is a civil case that doesn’t focus on criminal law. When a wrongful death takes place, a criminal case can be launched by the authorities, but if you want to obtain compensation for negligence, then you need to work through a case in civil court. In your claim, you’ll need to show why you believe that a person’s death was caused by another person and why that other person is legally responsible.
Here’s a good example of a wrongful death case and how to explain why the other person should be held responsible. If you were driving down the street and were driving through an intersection when the light was green, you should be able to go through the intersection unharmed. If another driver fails to stop and hits you on the passenger side, killing a loved one, then you could claim that the driver’s negligence led to your loved one’s death. Because of that, the driver should be responsible for compensating the victims.
To successfully prove a wrongful death case, you’ll need to show that a human died, that the death was caused by negligence with or without the intent to cause harm to that person and that there are family members who are suffering monetary injury due to the death. You’ll also need to have a personal representative for the victim’s estate to launch your case.
Generally, wrongful death lawsuits are settled out of court, but you can go all the way to trial if you aren’t getting a fair settlement. It’s sometimes in everyone’s best interest to settle, though, so with the right support, you’d have a better chance of getting a payout you agree with in a settlement.
Source: FindLaw, “What is a Wrongful Death Lawsuit?,” accessed July 29, 2015