What Constitutes Filing a Wrongful Death Claim?

You may have considered yourself very close to your loved one who recently passed away due to another party’s negligence. Because of this relationship, you may feel inclined to pursue a wrongful death claim on their behalf. However, in the state of New Jersey, you may only be granted this power if you were appointed the personal representative of their estate, either by them or the probate court. You may still be qualified to benefit from this claim, should the personal representative agree to pursue it upon your request. Without further ado, please follow along to find out the elements that constitute filing such a claim, and how a proficient Passaic County wrongful death lawyer at the Law Offices of August R. Soltis can help prove your eligibility to be compensated.

What constitutes a personal representative filing a wrongful death claim?

Well, to take matters into your own hands, you may send a written letter to your loved one’s personal representative to formally request that they investigate a potential wrongful death incident and file suit as seen fit. Here, you may emphasize that it is their fiduciary duty to act in the best interest of the deceased individual’s estate and their declared beneficiaries. Otherwise, such failure to act may prompt their legal liability. 

Furthermore, you may share relevant information that establishes your position on why you believe a wrongful death claim is necessary. Examples of such reasons are as follows:

• You believe another party owed your loved one a legal duty of care. 
• You believe another party breached their duty of care by acting negligently.
• You believe another party’s negligent actions caused your loved one’s death.
• You believe your loved one’s death resulted in financial and emotional losses.

Who is eligible to receive compensation from a wrongful death claim?

You may have to prove to the personal representative and the New Jersey civil court that you have a legal standing to collect a financial reward from a successful wrongful death claim. Generally speaking, you may be eligible as the surviving spouse, child, or parent of the deceased individual. If you have any other familial relationship, such as being the surviving sibling, cousin, niece/nephew, etc., you may have to take extra measures to establish that you were financially dependent on the deceased individual when they were still alive.

For example, you may have financial records that demonstrate your loved one’s frequent money transfers to your personal checking account. Plus, you may have evidence that their credit card was the one on file for your recurrent utility bills, tuition payments, etc. Lastly, you may show that you were covered under their health insurance plan while they were still alive. Or, that you were the named beneficiary of their pension plan, which would have been a greater payout if it were not for their untimely passing.

If you are able and ready to proceed, please reach out to a talented Passaic County personal injury attorney from the Law Offices of August R. Soltis. Our promise to you is that we will not give up our fight to get you every dollar of compensation to which you are entitled. So give us a phone call today.