This form is a sample personal injury complaint alleging that the faulty installation of steps caused the injury and ultimate death of the plaintiff.
New Jersey Complaint for Negligence and Wrongful Death
State:
Multi-State
Control #:
US-PI-0185
Format:
Word;
Rich Text
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FAQ
New Jersey defines a "wrongful death" as a death "caused by a wrongful act, neglect or default." (N.J. Stat. § 2A:31-1 (2021).) In other words, a wrongful death occurs when one person dies as a result of the legal fault of another person or entity, including by: negligence-based incidents (such as car accidents)
What Is the Legal Deadline for Filing a Wrongful Death Claim in New Jersey? The statute of limitations for New Jersey wrongful death claims is two years from the date of the decedent's passing.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
Generally, New Jersey's statutes of limitations require that lawsuits be brought within the following periods: Personal Injury Lawsuits: Adults ? within 2 years of the date the injury occurred; Minors ? within 2 years of the person's 18th birthday.
A Wrongful Death action is a statutory cause of action that permits recovery of pecuniary losses for the death of a family member. (N.J.S.A. 2A:31-1). This statute does not permit recovery for emotional distress, pain and suffering and other types of non-pecuniary losses.
Generally, the monies are paid to the individuals who would inherit under the New Jersey Intestate statute. This means that the surviving spouse would take 100%. However, there is an exception, if the decedent is survived by a surviving spouse and one or more surviving descendants.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
