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Proving that a Death Was Wrongful

The Requirements for Recovering Compensation after the Death of Another Person

Recovering Compensation When your family member dies because of the wrongful act of another person, you have the right to seek damages for all your losses. You can seek compensation for the intentional killing of a loved one, but, as a practical matter, most wrongful death actions are based on allegations of negligence.

As the party initiating a legal claim, you will have the “burden of proof.” Under the laws of New Jersey, that means that you must produce evidence that would lead a jury to rule in your favor. With any personal injury claim, including wrongful death lawsuits, the burden of proof is established as “a mere preponderance of the evidence.” In essence, that means that you must demonstrate to the finder of fact (usually the jury) that your presentation of the facts has more credibility and weight than the defendant’s version of what happened. It’s a considerably lower burden of proof than “beyond a reasonable doubt,” the standard in criminal proceedings.

A wrongful death claim is essentially a personal injury claim. When brought under a theory of negligence, it requires a showing that:

  • The at-fault party did not act as a reasonable person would under the circumstances (in legal terminology, the defendant breached the duty of care)
  • The breach of the duty of care was both the actual and the proximate cause of an accident—the accident would not have happened “but for” the defendant’s conduct; and the accident was reasonably foreseeable as a result of the breach of the duty of care
  • You suffered actual losses—Your losses were not covered by insurance or were not to items that had no value.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.

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