Losing a loved one unexpectedly is overwhelming, and when the death is caused by someone else’s negligence, the emotional and financial impact can be devastating. In New Jersey, families have the right to pursue a wrongful death claim, but the steps taken in the days and weeks following the loss are crucial. Knowing what to do can help protect your legal rights while allowing you to focus on your family during a painful time.
1. Ensure Safety and Seek Emergency Assistance
If the wrongful death occurred at the scene of an accident—such as a car crash, workplace incident, or hazardous property condition—make sure the area is safe and call 911 immediately. Emergency responders will document the incident, and their reports will later serve as important evidence in a wrongful death claim.
2. Obtain the Official Death Certificate
A death certificate is required for insurance claims, probate matters, and any wrongful death lawsuit in New Jersey. Request multiple certified copies from the New Jersey Department of Health or the local registrar. This document provides the official cause of death, which is often central to proving negligence.
3. Preserve Evidence as Early as Possible
Evidence can disappear quickly after a fatal incident. When possible, gather:
- Photos or videos of the scene
- Contact information for witnesses
- Accident reports
- Medical records
- Any defective product involved
- Workplace safety documents
If you cannot collect this information yourself, an attorney can send preservation letters to prevent critical evidence from being destroyed.
4. Avoid Speaking With Insurance Companies Alone
Insurance adjusters may reach out soon after the death, often expressing sympathy while quietly looking for statements that reduce liability. Avoid providing recorded statements or signing documents without legal advice. Even well-intentioned comments may be used to weaken a wrongful death case.
5. Contact a New Jersey Wrongful Death Attorney Early
Wrongful death cases in New Jersey involve complex laws, multiple parties, and strict procedural deadlines. An experienced attorney can help by:
- Conducting investigations
- Identifying at-fault parties
- Working with accident reconstruction and medical experts
- Calculating economic and non-economic damages
- Navigating probate issues
- Filing the wrongful death and survivorship claims
Early legal involvement ensures evidence is preserved and deadlines are met.
6. Understand Who Can File a Wrongful Death Claim in NJ
In New Jersey, wrongful death claims must be filed by the personal representative of the deceased’s estate. Damages are typically awarded to close family members, such as:
- Spouses
- Children
- Parents
- Financial dependents
These claims seek compensation for economic losses, while a separate survivorship action addresses the pain and suffering the deceased experienced before passing.
7. Keep Detailed Records of Financial Losses
Wrongful death compensation often includes:
- Funeral and burial expenses
- Loss of financial support
- Loss of household services
- Medical bills before death
Maintain receipts, bills, and documentation of financial contributions made by the deceased. These records help establish the full extent of the family’s losses.
8. Take Time to Care for Yourself and Your Family
Although legal steps are important, emotional healing must also be prioritized. Lean on family, community resources, or grief counselors for support. A wrongful death attorney handles the legal burden so you can focus on coping with your loss.
Final Thoughts
The days following a wrongful death are confusing and heartbreaking. Taking prompt, careful steps can protect your legal rights and provide stability during a difficult time. With the help of a New Jersey wrongful death lawyer, families can pursue justice and secure the compensation needed to rebuild their lives.