What is a wrongful death claim?

A wrongful death claim is a legal action that can be taken against a person or entity that caused the death of another person due to their negligence, recklessness, or intentional actions. These claims are typically filed by the surviving family members or heirs of the deceased victim. In New Jersey, wrongful death claims are governed by the Wrongful Death Statute, which allows the family to seek compensatory damages for their loss. The damages can include both economic losses (such as lost wages, medical expenses, and funeral expenses) as well as non-economic losses (such as loss of companionship, loss of guidance, and mental anguish). Under the statute, the family of the deceased may file a claim against the party who committed the wrongful conduct. It is important to note that the statute has a time limit for filing a claim (generally two years from the date of death) and it is best to contact an experienced wrongful death attorney as soon as possible to properly investigate and pursue the claim. When filing a wrongful death claim in New Jersey, the family must provide evidence of the death, the negligence, and the damages that they are seeking. Examples of this evidence include death certificates, medical records, eyewitness testimony, and expert witness testimony. If the family is successful in their claim, they may be awarded damages to help cover the financial losses they incurred due to the wrongful death, as well as emotional damages for their suffering.

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