What Challenges May Be Encountered in a New Jersey Wrongful Death Claim?

Filing a wrongful death claim in New Jersey is an important step for families seeking justice and compensation after the tragic loss of a loved one. However, the legal process can be difficult. Understanding the potential obstacles that may arise during a wrongful death claim is essential for families so they can effectively advocate for their rights and secure the compensation they deserve. Below are some of the most common challenges faced by Jersey City wrongful death lawyers:

Gathering Evidence

Collecting and preserving the necessary evidence can be a significant hurdle in wrongful death claims. Effective claims rely on various forms of evidence, including witness statements, accident reports, medical records, surveillance footage, and anything else relevant to the accident.

Gathering this evidence can be difficult, especially if witnesses are uncooperative, records are incomplete, or critical evidence is unavailable. Additionally, ensuring that all evidence is admissible in court requires meticulous attention to detail and the experience of a legal professional.

Establishing Negligence

One of the challenges in a wrongful death claim is proving that the defendant’s negligence or intentional act caused the death of the loved one. Establishing negligence involves demonstrating the following elements:

  • Duty of Care: Showing that the defendant owed a duty of care to the deceased. For example, all drivers on the road must drive safely to avoid harming others.
  • Breach of Duty: Proving that the defendant breached that duty. This could include showing that the driver was speeding or driving under the influence.
  • Causation: Connecting the breach of duty directly to the fatal outcome. If the driver crashed into the deceased because of their illegal driving, this would show causation.
  • Damages: Demonstrating the actual losses suffered as a result of the breach. This most often includes medical expenses and lost wages.

This process can be complex, requiring detailed evidence and expert testimony to illustrate the direct link between the defendant’s actions and the death. Courts demand concrete proof, making it essential to build a strong, well-documented case to overcome this challenge.

Complexity of Fault

Wrongful death claims can become even more complicated when multiple parties are involved or share responsibility for the death. Common scenarios that may arise include:

  • Multi-Vehicle Accidents: Determining fault when several drivers are involved, each potentially contributing to the collision.
  • Product Defects: Cases where faulty products or medical devices played a role in the death, requiring thorough investigation into manufacturing and design processes.
  • Third-Party Involvement: Situations where external factors, such as poor road conditions maintained by a government entity, contribute to the accident.

In these cases, assigning appropriate fault percentages to each responsible party can be complicated.

Calculating Damages

Calculating damages in a New Jersey wrongful death claim involves a comprehensive assessment of many different factors. Accurately determining the total damages requires a thorough understanding of the deceased’s financial contributions, lifestyle, and future income, making this a complex and often contentious aspect of wrongful death claims

Each category of damages must be documented and supported by evidence, such as expert testimonies and financial records, to ensure fair and appropriate compensation.

Insurance Company Disputes

Another significant challenge in pursuing a wrongful death claim in New Jersey is navigating insurance disputes. Insurance companies often play a pivotal role in the resolution of these claims, yet their primary objective is to minimize payouts. This can lead to disputes over the extent of coverage, the interpretation of policy terms, and the value of the claim itself. Insurers may dispute liability or attempt to offer settlements that do not fully compensate the family for their loss.

By understanding these obstacles and working with a skilled Jersey City personal injury attorney, families can seek and secure the compensation they deserve.