How to Handle a Wrongful Death in NJ
Losing a loved one in a sudden, catastrophic accident is one of the most painful experiences a family can endure. When that loss is a result of someone else’s negligence, the pain is often intensified because of the injustice that occurred. You didn’t just lose a family member; you lost them because someone failed to act responsibly.
If you’re facing this unimaginable situation, know that you’re not alone. New Jersey law allows surviving family members to pursue justice through a wrongful death lawsuit. While no amount of money can bring your loved one back, a successful claim can provide financial stability, hold the responsible parties accountable, and bring a measure of closure.
What Is Considered a “Wrongful Death” in New Jersey?
Under New Jersey law, a wrongful death occurs when a person dies due to someone else’s wrongful act, negligence, or fault. If the person had survived the incident, they would have had the right to file a personal injury lawsuit. Wrongful death lawsuits in New Jersey are governed by the New Jersey Wrongful Death Act (N.J.S.A. 2A:31-1).
Some common examples of situations that may lead to a wrongful death claim include:
- Fatal car, truck, or motorcycle accidents caused by reckless drivers
- Construction accidents or workplace incidents due to unsafe conditions
- Medical malpractice or failure to diagnose a treatable condition
- Dangerous or defective products
- Nursing home abuse or neglect
Who Can File a Wrongful Death Claim in New Jersey?
New Jersey statutes give family members the right to seek damages for financial losses resulting from the death. Not everyone who was close to the deceased can file a wrongful death lawsuit. In New Jersey, the lawsuit must be filed by the executor or administrator of the deceased person’s estate. If no executor has been named, the court may appoint one.
The people who can recover damages through the lawsuit include the deceased’s:
- Spouse
- Children (biological or adopted)
- Parents (in some cases)
- Other relatives or dependents who were financially supported by the deceased
The law generally favors those who would inherit under New Jersey’s intestate succession laws if the deceased had no will. This means the closest surviving relatives are given priority when it comes to recovering damages.
What Kind of Compensation Can Be Recovered?
Compensation from New Jersey wrongful death claims is generally intended to cover economic damages, not emotional pain (though that may be covered under other legal actions like a Survival Act claim or emotional distress suit).
Recoverable damages may include:
- Loss of financial support that the deceased would have provided
- Loss of household services, such as childcare, cooking, or maintenance
- Loss of guidance, training, and companionship for surviving children or spouse
- Medical expenses related to the final injury or illness
- Funeral and burial costs
New Jersey law does not allow families to recover damages for emotional distress under the Wrongful Death Act itself. However, separate claims, like those for negligent infliction of emotional distress, can sometimes be brought in conjunction depending on the circumstances.
How Long Do You Have to File a Wrongful Death Lawsuit in NJ?
New Jersey’s statute of limitations for wrongful death cases is generally two years from the date of death. Failing to file within that two-year window can result in the loss of your right to seek compensation. That’s why it’s so important to speak with a qualified personal injury attorney as soon as you suspect that your loved one’s death was caused by negligence.
Taking Legal Action for Your Wrongful Death Claim
Filing a wrongful death lawsuit may feel intimidating, but our team is here to guide you through every step with compassion and care. Here’s what the process generally looks like:
- Investigation: We’ll begin by collecting evidence—police reports, witness statements, medical records, and expert opinions—to establish the cause of death and identify the responsible parties.
- Filing the Claim: We will work with you (the executor or administrator of the estate) to officially file a lawsuit in civil court.
- Negotiation: In many cases, the defendant (or their insurance company) will try to settle out of court. We will negotiate on your behalf to secure the maximum compensation possible.
- Trial: If a fair settlement can’t be reached, your case may go to trial, and we will aggressively represent you.
Work with a Wrongful Death Attorney
Wrongful death lawsuits are complicated. Insurance companies will look for every excuse to minimize what they pay. They may try to blame the victim, dispute the cause of death, or argue that your losses aren’t as severe as claimed.
Our experienced wrongful death attorneys know how to fight back. We’ll calculate the full value of your claim, not just the current financial losses, but also the long-term impacts on your family’s well-being. We’re here to hold the responsible parties accountable, whether it’s a careless driver, a negligent doctor, or a company that failed to follow safety rules.
If you’re ready to explore your legal options, our firm is here to help. We’ve guided countless New Jersey families through the wrongful death process with compassion, strength, and results. Contact us today for a free consultation.
Eichen Crutchlow Zaslow, LLP has purposely remained small in size, because it is important to us that we get to know our clients and their needs. Larger NJ injury firms may churn out case after case, but that’s not how we operate. Partners Barry Eichen, William Crutchlow, and Daryl Zaslow have created a firm with the resources to handle complex litigation, and a team that takes your case personally.
Find out more about Eichen Crutchlow Zaslow, LLP