{"id":464,"date":"2018-10-29T10:40:00","date_gmt":"2018-10-29T10:40:00","guid":{"rendered":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/?p=464"},"modified":"2025-06-24T13:13:55","modified_gmt":"2025-06-24T13:13:55","slug":"how-do-you-prove-that-a-death-was-wrongful","status":"publish","type":"post","link":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/blog\/2018\/10\/how-do-you-prove-that-a-death-was-wrongful\/","title":{"rendered":"HOW DO YOU PROVE THAT A DEATH WAS WRONGFUL?"},"content":{"rendered":"\n<figure class=\"wp-block-image size-full\"><img loading=\"lazy\" decoding=\"async\" width=\"724\" height=\"483\" src=\"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-content\/uploads\/2025\/06\/HOW-DO-YOU-PROVE-THAT-A-DEATH-WAS-WRONGFUL-ft-img.jpg\" alt=\"A judge in a black robe writes on a legal document with a pen\" class=\"wp-image-480\" srcset=\"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-content\/uploads\/2025\/06\/HOW-DO-YOU-PROVE-THAT-A-DEATH-WAS-WRONGFUL-ft-img.jpg 724w, https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-content\/uploads\/2025\/06\/HOW-DO-YOU-PROVE-THAT-A-DEATH-WAS-WRONGFUL-ft-img-300x200.jpg 300w\" sizes=\"auto, (max-width: 724px) 100vw, 724px\" \/><\/figure>\n\n\n\n<p class=\"wp-block-paragraph\">When your loved one dies because of the wrongful act of another person, you have the right to seek compensation for all your losses. It can be a complicated legal process, so it\u2019s essential that you have an experienced and proven attorney to carefully guide you through the process. As a practical matter, unless you can show that the defendant intentionally took the life of your loved one, your lawsuit will be based on a legal theory of negligence.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"proving-negligence-in-a-wrongful-death-claim\">PROVING NEGLIGENCE IN A WRONGFUL DEATH CLAIM<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">As the person bringing the civil suit for damages (the \u201cplaintiff,\u201d in legal terms), you will have the burden of proof. That means that you must prove all the elements necessary to persuade the court that defendant\u2019s behavior failed to meet the accepted standard. In New Jersey, in any personal injury claim (a wrongful death action is a type of personal injury claim), the burden of proof is \u201ca preponderance of the evidence.\u201d Essentially, that means that you must demonstrate that your version of the facts is more likely than the defendant\u2019s version of the facts. Compare that with the standard of proof in a criminal case-beyond a reasonable doubt-it\u2019s clear that burden of proof is significantly lower in a wrongful death lawsuit.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">To successfully argue a wrongful death claim, you must prove three things:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>That the defendant breached the \u201cduty of care\u201d-Typically, the jury identifies what would be considered as reasonable conduct under the circumstances, and will also determine whether the defendant\u2019s actions fell short of that duty of care.<\/li>\n\n\n\n<li>That the breach caused the accident in which your loved one died-There are two types of causation-actual cause and proximate cause. Actual cause simply says that the accident would not have occurred \u201cbut for\u201d the breach of the duty of care. Proximate cause, however, looks at whether or not the accident was reasonably foreseeable as a consequence of the breach of the duty of care.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">\u2022 That you have suffered actual loss because of the death of your loved one-You must show that you had actual losses-emotional losses are not recoverable in a wrongful death lawsuit in New Jersey. You can recover for lost support, companionship or consortium, the loss of services provided in the home, and for any medical or funeral expenses incurred.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"contact-mallon-tranger--budzek\">CONTACT MALLON &amp; TRANGER<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">We offer a free initial consultation to people in New Jersey who have lost a loved one because of the wrongful acts of another person. To set up a meeting, contact us online or call us at&nbsp;<a href=\"tel:+1-732-780-0230\">732-780-0230<\/a>&nbsp;(toll free at ) for an appointment. We have offices in Freehold and Point Pleasant.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When your loved one dies because of the wrongful act of another person, you have the right to seek compensation for all your losses. It can be a complicated legal process, so it\u2019s essential that you have an experienced and proven attorney to carefully guide you through the process. As a practical matter, unless you [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[],"class_list":["post-464","post","type-post","status-publish","format-standard","hentry","category-wrongful-death"],"_links":{"self":[{"href":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-json\/wp\/v2\/posts\/464","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-json\/wp\/v2\/comments?post=464"}],"version-history":[{"count":2,"href":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-json\/wp\/v2\/posts\/464\/revisions"}],"predecessor-version":[{"id":664,"href":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-json\/wp\/v2\/posts\/464\/revisions\/664"}],"wp:attachment":[{"href":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-json\/wp\/v2\/media?parent=464"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-json\/wp\/v2\/categories?post=464"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/epicdevsite.info\/2025-TomMallon-2\/wp-json\/wp\/v2\/tags?post=464"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}