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How to Prove Wrongful Death in New Jersey

Sep 26, 2023

How to Prove Wrongful Death in New Jersey

Nothing can ever prepare you for the sudden loss of a loved one. Losing someone close to you is devastating, but it's even worse if the death could have been prevented. Filing a wrongful death lawsuit can help you get justice and compensation for your loss, but this is not always an easy task. You need to prove that the defendant is responsible for your loved one's death, and this process can be complicated. In this blog post, we will discuss the four key elements of wrongful death in New Jersey and how an attorney can help you through this process.


1. Negligence

Negligence is the failure to take reasonable care to prevent harm to others. In a wrongful death case, you need to prove that the defendant acted negligently and that this negligence caused your loved one's death. It means that you must show that the defendant owed a duty of care to your loved one and that they breached this duty, resulting in your loved one's death. For example, if a driver was texting while driving and caused a fatal accident, they could be held liable for wrongful death.


2. Breach of Duty

A duty of care is a legal obligation to act with reasonable care to avoid causing harm to others. The breach of duty occurs when the defendant fails to meet this obligation. In a wrongful death case, you must show that the defendant owed your loved one a duty of care and that they breached this duty. For example, a doctor who fails to diagnose an illness or provides substandard care can be held liable for wrongful death.


3. Proving Causation

Proving causation means showing a direct link between the defendant's actions and the death of your loved one. You must demonstrate that the defendant's actions were the direct cause of the death. In other words, if the defendant's actions had not occurred, your loved one would still be alive. This can be challenging, and you may need expert witnesses to help prove your case.


4. Damages

You must also show that you suffered damages as a result of your loved one's death. These damages can include medical bills, funeral expenses, lost income, and pain and suffering. An experienced attorney can help you calculate these damages and prove their value in court.


How can an attorney help me?

An attorney experienced in wrongful death cases can provide invaluable assistance with the legal process. They can help you investigate the death, gather evidence, and build a strong case. They can represent you in court, negotiate settlements, and provide support and guidance throughout the entire process. An attorney can also help you stay within the statute of limitations for filing a wrongful death lawsuit, which is two years in New Jersey.


Wrongful death cases are emotionally and legally complex. To successfully prove wrongful death, you must show that the defendant acted negligently, breached their duty of care, caused your loved one's death, and that you suffered damages as a result. An experienced attorney can guide you through this process and help you get justice and compensation for your loss. They can also provide emotional support during this difficult time. If you're looking for an attorney who specializes in wrongful death cases in New Jersey, contact us today. We can help you get the justice you deserve.

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I Slipped and Fell at Work in New Jersey; What Should I Do?

01 Feb, 2024
A sudden fall at work can be more than just a physical setback—it can plunge you into a whirlpool of medical, legal, and financial issues. If you're in New Jersey and have experienced a workplace slip and fall, it's crucial to know the steps to take immediately after the incident to protect your health and rights. The aftermath of any workplace accident can be overwhelming, but being informed can smooth the path to your recovery and compensation. Report the Accident Your first step after a workplace fall should be to report the accident to your employer. New Jersey law requires employees to inform their employers about work-related injuries promptly. Delaying this report can not only affect your health but also potentially impact the success of a future workers' compensation claim. Document everything in writing and ensure you receive a copy of the report for your records. Transparency at this stage is vital to lay the groundwork for any necessary compensation claims. Seek Medical Treatment Your wellbeing is paramount. Even if you feel fine after the fall, certain injuries may not be immediately apparent. Visit a healthcare professional as soon as possible to get a thorough examination. If the injury is serious, immediate medical attention will not only provide you with the care you need but will also serve as evidence of your injuries and their extent—details that are significant should you decide to pursue a workers' compensation claim. File a Claim In New Jersey, workers' compensation is designed to assist employees injured on the job—providing medical benefits, replacing lost wages, and more. Initiate this process quickly by filing a workers' compensation claim. This is not a lawsuit against your employer but a claim for benefits to which you are entitled. Ensure you correctly complete all required forms and meet the state's deadlines, as mistakes here can delay or diminish your benefits. Contact an Attorney Workplace injury law can be intricate and may present more challenges than you're prepared to face on your own, especially while recovering from an injury. Contact a reliable attorney with experience in workplace falls and New Jersey workers’ compensation law. A seasoned lawyer can guide you through the process, help safeguard your rights, and ensure that you pursue all the compensation you're due, including potential third-party claims if equipment malfunction or another person's negligence contributed to the accident. A slip and fall at work is an event that unfortunately many New Jersey residents will face. Remember, the actions you take immediately after your fall—reporting the accident, seeking medical attention, filing a claim, and consulting with an attorney—can have a profound impact on your recovery and your future. Always prioritize your health and your rights, and don’t hesitate to seek the assistance and advice of professionals who can help you navigate the aftermath of such a disorienting event. Navigating the aftermath of a workplace injury can be daunting, but knowledge is your best ally. Being aware of these critical steps ensures that you're taking the right actions to secure your health and your legal rights. If you find yourself thinking, "I slipped and fell at work in New Jersey; what should I do?" remember that prompt action coupled with professional guidance can set you on the path to a smoother recovery and fair compensation.

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