Losing a loved one due to another’s negligence or wrongful act is an incredibly painful experience. In New Jersey, the law provides a potential pathway to justice for families impacted by a wrongful death.
Here is what you should know about wrongful death claims during this difficult time.
Who can file a claim?
Under New Jersey law, only the executor or administrator of the deceased person’s estate has the authority to file a wrongful death action. If the decedent left a will, it likely appointed an estate executor, naming the individual chosen to manage their estate, including any legal claims.
If there is no will, the court appoints an administrator to handle the estate’s affairs, including the filing of a wrongful death claim. They often prioritize family members for this role, but it could also be a friend or legal representative. Once the petition is filed and an executor appointed, a family can begin to justice for a loved one.
What steps are involved?
Officially, the process begins by filing the lawsuit, but there are some steps the executor should take before they file. Examples include the following:
- Gathering documentation, including the official death certificate, medical records and police or accident reports
- Looking for sources of visual evidence, such as photographs and video footage showing the event that caused the death (car accident, etc.)
- Searching for witnesses who can verify the wrongful actions that led to the death
Finally, it’s wise to get legal guidance to have the best chance of prevailing in the claim.
Subscribe To This Blog’s Feed
