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The elements of a wrongful death claim

| Jan 3, 2020 | Personal Injury |

A wrongful death occurs when someone dies due to the negligence, recklessness or intentional conduct of another person. Car accidents, medical malpractice, premises liability and other personal injury claims may all form the bases of wrongful death actions in New Jersey. Wrongful death claims must be filed within certain time constraints and must meet certain pleading elements in order to be valid. This post will discuss some of what is required to pursue a wrongful death action in the state, but this post is not legal advice.

Wrongful death actions, like other personal injury claims, must be filed within 2 years of the event that creates the need for the litigation. That means an eligible party must file their lawsuit within the 2 years after their loved one’s death in order to meet the claim’s statute of limitations. Eligible parties may include, but are not limited to, victims’ spouses, kids, parents and other potential dependents.

When a wrongful death claim is filed, it must include specific legal elements. For example, a duty of care must exist between the responsible party and the victim, and the responsible party must breach their duty and cause the death of the victim. The death of the victim must cause the litigating party harm that may be compensable through damages.

Setting up the elements of a wrongful death claim can be difficult, and individuals must provide evidence to support their assertions. Personal injury knowledge during these difficult times can help protect victims’ rights when they have lost loved ones in accidents and other wrongful death events.

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