When a family member or loved one dies unexpectedly, there may or may not be a party who is responsible since accidents sometimes occur. However, you may have the option to file a New Jersey wrongful death lawsuit against the party at fault if you can prove that their death could have been avoided.

The strength of your case depends on a variety of factors. However, consulting with an experienced NJ wrongful death lawyer can be beneficial. The legal team at Brandon J. Broderick, Attorney at Law in New Jersey can assist you in managing your case and exploring your options.

Call us today to schedule an appointment to get started.

Wrongful Death Case Types

"Wrongful act, negligence, or default" are phrases you should remember. Wrongful death cases can be divided into two distinct categories. A typical wrongful death claim may be filed if another party's "wrongful act, negligence, default, or breach of contract or warranty" caused it. This is the type of lawsuit that is seen most frequently. A lawsuit filed by a deceased person's surviving family members is known as a "survival action," in contrast.

Under New Jersey law, if a family member is killed in an accident and there is proof that the accident was caused specifically by that person's negligence or the negligence of a company, the surviving members of the deceased victim's family are generally allowed to file a lawsuit. Even though the personal representative of the estate is responsible for filing a claim, those family members will get any damages awarded if it is successful.

Proving a Wrongful Death Claim

In wrongful death cases, it is necessary to prove that the other party was negligent in order to prove both fault and liability. There are four elements you must establish to prove negligence against another party. They include:

1. Duty of care. You must demonstrate that the other party owed the victim a duty of care. A duty of care is the need to behave in a way that a reasonable person would in the same situation in order to prevent harming others. A driver, for instance, owes it to other drivers on the road to drive safely and in accordance with the law. 
2. Breach. The next step is to prove that the other party's behavior violated their duty of care. For instance, a driver who was intoxicated while driving or disregarded traffic rules likely violated their duty of care.
3. Causation. Your loved one's death was brought on by the other party's negligence. 
4. Damages. You must provide evidence that you sustained losses for which compensation is due.

To prove these aspects of negligence, your lawyer will look into the facts surrounding the death of your loved one. Although this may seem simple, it can be difficult to prove negligence without a lawyer because doing so frequently entails making complex legal arguments.

Our New Jersey Wrongful Death Lawyer Can Help You Today

At Brandon J. Broderick, Attorney at Law, our team of NJ wrongful death lawyers assist people and families who are seeking justice during their most trying moments. We are aware that nothing, not even money, will ever make up for the death of a loved one.

But after such a terrible loss, getting financial compensation might help you and your family put your lives back together. You may focus on yourself and your family by letting our personal injury lawyers handle every part of your claim.

To learn more about how we can help you, get in touch with us today.