Who Can File a Wrongful Death Lawsuit?
If a family member dies due to negligent or intentional actions by a third party, they can file a wrongful death lawsuit. It is brought by the deceased person’s personal representative, typically the administrator or executor of the estate, which is often a spouse or relative. Our skilled attorneys at Harrell Law Firm can help you determine who has the right to file a wrongful death claim—so that you can bring the negligent parties to justice and recover damages. Contact us today for a free consultation.
Wrongful Death in New Jersey
In New Jersey, wrongful death is caused by another entity’s default, neglect, or wrongful act. If the deceased person would have been able to file a personal injury claim had they survived the incident, their death may be considered wrongful.
Here are some common causes of wrongful deaths in New Jersey:
- Automobile accidents, pedestrian accidents, and other transportation-related incidents.
- Medical malpractice includes surgical errors, misdiagnoses, or failure to diagnose a serious condition.
- Deaths caused by defective products.
- Workplace accidents.
- Nursing home abuse or neglect.
- Premises liability cases, such as slip and fall accidents.
Who Is Eligible to File a New Jersey Wrongful Death Claim?
As noted above, in New Jersey, a wrongful death claim must be brought by the deceased person’s personal representative, typically the administrator or executor of the decedent’s estate. If they had a will, they may have named an executor. Otherwise, the probate court may appoint someone. The estate representative can be a close family member, such as a spouse, adult child, or parent.
Other eligible parties include any individuals who would have been entitled to inherit according to New Jersey’s intestate succession laws. However, if a surviving spouse and minor children are present, they typically have priority for any compensation received.
Damages Available in a Wrongful Death Lawsuit
Damages in a wrongful death lawsuit compensate the surviving family members and dependents for losses resulting from the fatality.
Here are some examples of damages your New Jersey wrongful death lawyer may pursue:
- Medical expenses.
- Funeral and burial expenses.
- Loss of financial support, such as your loved one’s income, benefits, pension, and potential future earnings.
- Loss of services, such as childcare, household chores, or other tasks your loved one would have performed.
- Loss of companionship, guidance, and affection.
- Punitive damages in cases where the wrongful conduct was particularly egregious or malicious.
It is important to note that, unlike some states, New Jersey does not typically allow plaintiffs to claim damages for grief, emotional distress, or pain and suffering, except in specific situations. However, family members may be able to file a separate Survival Action in New Jersey. It compensates for the suffering your loved one experienced before their death.
Time Limits for Filing a Wrongful Death Lawsuit in New Jersey
The statute of limitations for wrongful death lawsuits in New Jersey is two years from the death date. The estate must generally file a lawsuit within this time frame to be eligible to receive compensation. Failure to comply with the statute of limitations may result in the court dismissing the case.
Because there are always exceptions, it’s best to consult a knowledgeable New Jersey personal injury lawyer to ensure compliance with New Jersey’s statute of limitations and protect your legal rights.
Why It Is Important to Hire an Experienced Wrongful Death Lawyer
Navigating a wrongful death claim can be challenging. Few people feel prepared to handle legal matters at this time in their lives. However, our team at Harrell Law Firm will work closely with the estate representative to ensure all issues are addressed appropriately.
Here are some of the responsibilities we will undertake:
- Identify all potential sources of liability.
- Calculate the full extent of your losses and damages.
- Negotiate with insurance companies on your behalf.
- Navigate complex legal procedures and deadlines.
- Skillfully present your case in court, if necessary.
Contact Us at Harrell Law Firm for a Free Consultation
Don’t let the medical bills and funeral costs accumulate while you hope the negligent party or their insurance company will do what’s right. You need a skillful and experienced personal injury attorney. Consult our wrongful attorneys to ensure your case is pursued to the fullest extent possible under New Jersey law–so you can focus on healing and moving forward with your life. Call us today for a free consultation; there is no obligation to hire us. In addition, we work on a contingency basis, so there are no upfront legal fees.
