Robert A. Solomon, P.C.
Two Offices Serving New York & New Jersey

What constitutes as a wrongful death in New Jersey?

Wrongful deaths are difficult to deal with and can be a struggle legally speaking. The person who caused the death may feel badly, but he or she is responsible for what happened and must be ready to face the consequences in New Jersey. When it's your loved one who has died, these are some questions you might need to answer.

First, was the death caused directly by the accident? For instance, if your loved one was hit by a car three weeks ago and just passed away, had she or he been ill, hurt, or otherwise gravely injured by the accident? Wrongful death lawsuits won't apply if the person's death was unrelated to the crash.

In cases of birth injuries and wrongful deaths, if an unborn fetus passes away, the wrongful death case you want to open may not be possible. Some states don't recognize the child as living. The options you have vary based on your state and the state where you were giving birth. Not all state laws are the same when considering wrongful deaths. The things that differ are normally related to statutes of limitations and the amount of damages you're allowed to collect on.

When your loved one passes away, you can do more than just sue for his or her death. You can also ask for compensation to cover your pain and suffering as a decedent. The money that you can collect will be for damages related to pain and suffering before your loved one's death but after the accident or injury.

Wrongful death cases can be tricky, which is why it's important to have the law on your side. Speaking with someone familiar with the legal ins and outs of your case can be immensely helpful.

Source: FindLaw, "Wrongful Death FAQ" Sep. 23, 2014

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