A wrongful death lawsuit is filed when someone dies due to another party’s negligent, reckless, or intentional actions. In New Jersey, these claims are governed by specific state laws that allow certain surviving family members to seek compensation for the loss of their loved one.

The purpose of a wrongful death claim is to provide financial support for dependents and to hold the responsible party accountable. However, when the deceased had a pre-existing condition, questions often arise about whether that condition contributed to the death—and how it affects the legal case.

Understanding how pre-existing conditions are treated in New Jersey courts can make a significant difference in the outcome of a wrongful death case.

How Pre-Existing Conditions Come Into Play

A pre-existing condition is any health issue the deceased had before the event that caused their death. This could include chronic conditions like diabetes, heart disease, asthma, or cancer, or even past injuries that made someone more vulnerable.

Insurance companies and defense attorneys often point to these conditions as a way to reduce liability. Their argument is typically that the death wasn’t entirely caused by the accident or negligence in question, but instead was partially—or mostly—due to the person’s prior health problems.

But under New Jersey law, that’s not always a valid defense.

The Eggshell Plaintiff Rule and Wrongful Death Claims

New Jersey courts generally follow the eggshell plaintiff rule, which means a defendant must take the victim as they are. In other words, if someone’s pre-existing condition made them more susceptible to injury or death, the person or party that caused the harm can still be held fully liable.

For example:

• If a car accident results in fatal injuries to a person with a heart condition, the driver at fault can still be held accountable, even if a healthier individual might have survived.
  
• If an elderly nursing home resident with osteoporosis suffers fatal complications after a fall due to staff negligence, that underlying condition doesn’t absolve the facility of blame.
  

This rule is important in wrongful death lawsuits where the deceased was already medically fragile. The question isn’t whether the person had a health condition, but whether the defendant’s actions led to a premature and avoidable death.

Proving Causation When a Pre-Existing Condition Exists

To win a wrongful death claim in New Jersey, the surviving family or estate must show that the defendant’s actions were a significant factor in causing the death. When a pre-existing condition is involved, this often requires:

• Medical records detailing the person’s prior condition and overall health
  
• Expert medical testimony explaining how the incident contributed to or caused the death
  
• Autopsy or coroner’s reports linking the fatal outcome to the triggering event
  

For instance, if someone with high blood pressure dies after being struck by a vehicle, the case may hinge on whether the injuries from the accident—not just the underlying condition—led to cardiac arrest. A knowledgeable wrongful death lawyer will work with medical experts to make that connection clear.

How Insurance Companies Use Pre-Existing Conditions Against You

It’s common for insurance companies to dig into the deceased’s health history in an attempt to limit what they have to pay. They may argue that:

• The person was already close to death due to illness
  
• The accident or event wasn’t the sole cause of death
  
• Medical care, not the defendant’s actions, worsened the outcome
  

These strategies are designed to cast doubt and shift blame. In reality, the law doesn’t require that the defendant be the only cause of death—just that their actions significantly contributed to it.

An experienced wrongful death attorney in New Jersey can anticipate these tactics and push back with solid evidence and expert input.

Damages You Can Seek in a Wrongful Death Lawsuit

When a wrongful death claim is successful, survivors may be entitled to several types of compensation:

• Loss of financial support the deceased would have provided
  
• Loss of companionship, guidance, and care
  
• Medical expenses related to the final injury or illness
  
• Funeral and burial costs
  
• Pain and suffering, if a separate survival action is filed by the estate
  

Even if the deceased had a pre-existing condition, these damages can still be recovered—especially if it’s shown that the defendant’s actions cut the person’s life short or caused unnecessary suffering.

Who Can File a Wrongful Death Claim in New Jersey?

Under New Jersey law, a wrongful death lawsuit must be filed by the executor or administrator of the deceased’s estate. The beneficiaries of the claim typically include:

• Spouses
  
• Children
  
• Dependent parents
  
• Other relatives who relied on the deceased for support
  

The presence of a pre-existing condition doesn’t impact who can file or receive compensation—it only becomes relevant in how damages are calculated and whether liability can be proven.

Why You Need a Wrongful Death Lawyer in Pre-Existing Condition Cases

Cases involving pre-existing conditions are often more complex and require a deeper level of medical and legal knowledge. A skilled wrongful death attorney can:

• Review the deceased’s medical history and identify potential vulnerabilities
  
• Gather expert opinions to establish causation
  
• Counter insurance company claims that aim to downplay responsibility
  
• Build a clear and compelling narrative for why compensation is warranted
  

Not every attorney is equipped to handle these challenges. Working with a law firm that has experience with wrongful death lawsuits in New Jersey, especially those involving health complications, can make all the difference.

Call Brandon J. Broderick For Legal Help

At Brandon J. Broderick, Attorney at Law, we understand the deep loss families face after a wrongful death, especially when the insurance company uses a pre-existing condition to avoid accountability. Our team is committed to fighting for full and fair compensation, no matter how complicated the case may be.

We bring compassion, focus, and decades of legal experience to every wrongful death lawsuit we handle in New Jersey. If your loved one died due to someone else’s actions and had a prior medical condition, don’t assume you don’t have a case.

Contact Brandon J. Broderick today for a free consultation with an experienced wrongful death attorney in New Jersey. We’re here to stand with you.