{"id":913,"date":"2019-10-28T11:08:00","date_gmt":"2019-10-28T11:08:00","guid":{"rendered":"https:\/\/epicdevsite.info\/2023-EdwardLeeLaw\/?p=913"},"modified":"2023-10-30T11:08:51","modified_gmt":"2023-10-30T11:08:51","slug":"proving-that-a-death-was-wrongful","status":"publish","type":"post","link":"https:\/\/epicdevsite.info\/2023-EdwardLeeLaw\/proving-that-a-death-was-wrongful\/","title":{"rendered":"Proving that a Death Was \u201cWrongful\u201d"},"content":{"rendered":"\n

The Elements Required in a Wrongful Death Lawsuit<\/h2>\n\n\n
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In the weeks and months after a fatal accident, it\u2019s absolutely essential that you take the time to grieve your loss. At some point, though, you\u2019ll need to decide whether you want to take legal action to recover for your losses. No amount of money can undo what has happened, but you may experience the loss directly because of the lost support your loved one would have provided, or the loss of companionship or consortium that their absence brings. You have a right to pursue damages, but you\u2019ll need to prove in court that the death was wrongful. To do so, you must show negligence.<\/p>\n\n\n\n

The Requirements to Show Negligence in New Jersey<\/h3>\n\n\n\n

If you choose to take legal action after an accidental death, you will have the burden of proof\u2014you must demonstrate to the court that the defendant was negligent. In civil actions in New Jersey, that means that you must show by a \u201cpreponderance of the evidence\u201d that the defendant was negligent and that you sustained losses. In essence, it means that the full weight of the evidence supporting your claim of negligence must be more persuasive than any evidence the defendant produces.<\/p>\n\n\n\n

To successfully prove negligence, you must show three things:<\/p>\n\n\n\n