Who Is Entitled to File a Wrongful Death Lawsuit in New Jersey?

Who Is Entitled to File a Wrongful Death Lawsuit in New Jersey?

In New Jersey, wrongful death lawsuits are filed by close family members to seek justice for the loss of a loved one. According to recent statistics, over 6500 people were killed in unintentional accidents within the state last year. This number underscores how critical it is for families to understand their rights and who can file such claims. This article will provide an overview of who is entitled to file a wrongful death lawsuit in New Jersey so that grieving families know what options they have available to them.

The legal system provides protections and remedies when someone has been wrongfully killed due to another person’s negligence or intentional conduct. While no amount of money can replace the life lost, filing a claim can help alleviate financial burdens caused by medical bills, funeral costs, and other damages associated with losing a loved one suddenly. It also serves as a means of holding negligent parties accountable for their actions.

The wrongful death lawyers at Garden State Justice Group can help families navigate the complicated legal process of a wrongful death lawsuit. Our team of experienced attorneys has extensive experience in wrongful death cases and can provide the guidance and legal representation necessary for a successful outcome.

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Who Is Eligible To Pursue A Wrongful Death Claim In New Jersey?

In New Jersey, a wrongful death lawsuit is when an individual or entity has caused the death of another in a manner that violates criminal laws and civil liability. In order to file a wrongful death lawsuit in New Jersey it must be determined who is entitled to do so. The state of New Jersey permits certain individuals or entities to bring forth such claims for compensation following the loss of a loved one due to negligence, recklessness, intentional harm, or any other type of wrongful conduct.

The first party eligible to pursue a wrongful death claim in New Jersey are the surviving family members of the deceased person. This includes spouses, children, parents, and siblings; however, this list may vary depending on specific circumstances as outlined by law. The second group able to seek legal recourse through filing a new jersey wrongful death suit are those with financial dependency on the victim at the time of their passing - this could include any dependent relatives like grandparents, nieces/nephews, etc., as well as anyone else who was financially dependant upon them. Lastly, if there is no immediate family member available to take action against their wrongdoer, then the executor or administrator appointed by the probate court may step forward and pursue justice in lieu thereof.

To recover damages for a successful wrongful death claim in New Jersey courts must determine how much value should be assigned to each category of losses suffered. These categories can range from medical expenses related to end-of-life care up until burial costs incurred after passing away; along with potential non-economic damages stemming from pain and suffering endured prior to death, lost future earning capacity, and even punitive damages meant to punish egregious behavior exhibited by the defendant.

Understanding The Wrongful Death Act

In the depths of tragedy, New Jersey's Wrongful Death Act provides a lifeline for families who have lost loved ones due to another person’s negligence. This statute grants family members and other eligible parties the right to pursue compensation from those responsible for their loss. A thorough understanding of this powerful law is essential in order to ensure that one can maximize their recovery under its provisions.

The wrongful death act and survival statutes are both important components of NJ's legal framework when it comes to recovering damages after a wrongful death occurs. The state's wrongful death act creates a cause of action against an individual or entity whose negligent acts resulted in someone else’s death. It allows surviving family members and estate representatives to recover economic losses such as medical expenses, funeral costs, and lost wages resulting from the deceased’s premature passing. Additionally, they may be entitled to non-economic losses like pain and suffering endured by the victim prior to his or her death as well as any punitive damages which might apply depending on the circumstances of the case.

Under New Jersey’s Survival Statute, survivors may also seek monetary damages related to physical injury suffered by the decedent before he/she passed away but were not able to bring a claim while alive due to lack of capacity or awareness of said injuries. Examples include emotional distress caused by witnessing a fatal accident involving close relative or severe physical injuries suffered during an assault leading up to someone’s demise - all are covered under this part of NJ law, allowing survivors some measure of financial reparation even if no formal lawsuit was ever filed on behalf of the injured party.

From determining eligibility through calculating potential awards, navigating these two laws requires expert guidance. Sharing intimate details with experienced attorneys helps grieving families achieve closure while seeking justice for their loss. With thoughtful consideration and professional assistance, plaintiffs can take advantage of every avenue provided by these statutes so that they can obtain full recompense for their grief-stricken hearts.

What Damages Can Be Recovered In A Wrongful Death Case?

In New Jersey, a wrongful death lawsuit is initiated by the personal representative of the deceased's estate. This individual may be appointed by the court or named in the decedent’s will. The suit must be filed within two years from the date of death and can only seek damages for losses suffered due to the wrongful act causing death. According to the National Center for State Courts, the average wrongful death lawsuit settlement is approximately $1.3 million. 

Wrongful death cases are civil suits that allow survivors to recover financial loss as a result of their loved one’s untimely passing. These claims typically include economic damages such as medical bills, funeral costs, lost wages, and other expenses associated with the decedent’s last illness or injury leading up to their death. Survivors may also receive non-economic damages, including pain and suffering endured prior to death, mental anguish caused by the survivor’s grief and loss, loss of consortium (loss of companionship), and punitive damages.

Survivors seeking compensation for these types of “death damages” must prove another person or entity was responsible for causing their loved one’s death; this usually requires evidence presented at trial. It is important to note any legal claim related to wrongful deaths should be pursued promptly since there is a statute of limitations on filing these lawsuits in New Jersey. Therefore, victims must consult an experienced attorney before initiating a wrongful death case against those responsible.

Statute Of Limitations For Filing A Wrongful Death Claim

In New Jersey, the right to file a wrongful death claim is exclusively reserved for certain family members of the deceased. This includes surviving spouses, children, and parents of the decedent. If there are no eligible family members, then other parties that have had a financial loss due to the death may be able to pursue damages through filing a wrongful death lawsuit in New Jersey.

The statute of limitations for filing a wrongful death claim in New Jersey is two years from the date of the death or when an individual learns that another party’s negligence or recklessness caused their loved one’s passing. Failing to file within this two-year period can result in being barred from pursuing any form of compensation through legal action.

For those wishing to pursue justice and seek monetary awards through new jersey wrongful death claim must act quickly as they only have two years from the date of their loved one's passing to begin proceedings. It is important to consult with an experienced attorney who specializes in personal injury law promptly so as not to miss out on seeking rightful compensation because of expired deadlines.

Finding The Right Law Firm To Represent You

When it comes to filing a wrongful death lawsuit in New Jersey, finding the right law firm is key. A qualified and experienced wrongful death attorney can help ensure that you receive the justice your family deserves. The first step in selecting a suitable lawyer or firm is researching all of the available options. It's important to choose an attorney who has experience with wrongful death cases specific to New Jersey, as state laws may vary from other states.

There are several resources available online for locating a reputable wrongful death lawyer. One option is through legal referral services provided by organizations like the American Bar Association (ABA) and local bar associations in New Jersey. These networks will provide contact information for lawyers specializing in wrongful death cases within your jurisdiction. Additionally, there are many websites which provide reviews of attorneys and firms, allowing potential clients to better evaluate their qualifications before making their final decision.

It’s also advisable to speak directly with any prospective lawyers or firms prior to hiring them. During this conversation, you should inquire about their experience handling similar cases in New Jersey and ask questions pertaining specifically to your case such as how long they expect it to take, what strategies they plan on using and so forth. Taking these steps helps ensure that you have chosen a competent representative who understands the complex nuances of new jersey law regarding wrongful death lawsuits and provides sound advice throughout the entire process.

Types Of Damages Available In A Wrongful Death Suit

A wrongful death lawsuit can be filed in New Jersey by certain individuals who have been impacted due to the untimely death of a loved one. Wrongful death law allows for financial compensation when someone's negligence or intentional misconduct caused another person’s death. The damages available in a wrongful death suit include medical expenses, funeral and burial costs, loss of wages and benefits, pain and suffering endured prior to passing away, as well as emotional trauma suffered by surviving family members.

Under New Jersey law, each type of damage has its own limits on what may be recovered so consulting with an experienced wrongful death lawyer is important if pursuing this kind of action. An attorney familiar with wrongful death cases will discuss all possible damages that might be claimed to maximize recovery for the deceased’s estate and survivors. When the case proceeds to court, evidence that proves how much money was lost due to the victim's untimely demise must be presented.

Damages awarded in a wrongful death claim are intended to financially and emotionally compensate those adversely affected by their loved one’s premature departure. A successful outcome can help them move forward while seeking justice on behalf of their relative whose life ended prematurely through no fault of their own.

Seeking Compensation & Death Damages

The path to justice for surviving family members who have lost a loved one due to another person's negligence is often long and winding, like a rollercoaster with many surprising twists and turns. After discussing types of damages available in wrongful death suits, it's time to explore how survivors can seek compensation through survival statutes. In New Jersey, those entitled to file a wrongful death lawsuit include the decedent’s spouse, children, parent or personal representative.  In a wrongful death lawsuit, surviving parents may be able to seek damages to compensate for their loss.

If the deceased victim's family can prove that the other party's negligence led to the death, they may be entitled to compensation for damages in a wrongful death lawsuit, and should seek a New Jersey Wrongful Death Lawyer to determine what they would have been able to receive. Survivors may pursue a claim against negligent parties by filing what is known as a “survival action.” This type of suit allows them to recover property damage losses sustained prior to the death of their loved one, as well as any medical expenses that were incurred beforehand. Additionally, these claims allow families to receive a recovery for pain and suffering suffered by the deceased before they passed away. The amount awarded depends on factors such as the severity of injury/pain endured and other costs associated with the incident leading to death.

In certain cases, claimants may be able to combine both a wrongful death lawsuit and survival claim into one legal action in order to maximize potential compensation from defendants responsible for their loss. It is important for individuals seeking compensation through New Jersey's wrongful death statute understand their rights under the law to take advantage of all avenues available when pursuing compensation for their loss. A knowledgeable attorney can help guide claimants down this sometimes arduous road toward finding justice after an untimely passing of a beloved family member.

How To File A Wrongful Death Case In New Jersey

In New Jersey, a personal representative of the decedent's estate is entitled to file a wrongful death lawsuit. This can be done by filing a civil action in either the Superior Court or the Probate Part of that court. Filing a wrongful death lawsuit in New Jersey must be done by a dependent of the deceased, such as a surviving spouse, child, parent, or other relatives, who has suffered from the deceased's death. The lawsuit requires proof of negligence and that the death of the deceased was a result of another's actions or lack thereof. According to the New Jersey Survival Statute, damages are recoverable for the suffering prior to death, as well as the loss of financial support. In order to file a wrongful death case, a dependent of the deceased must be able to prove a measure of negligence or blame on the part of the responsible party.

There are three steps for bringing a wrongful death claim in New Jersey:

  1. Appointing a Personal Representative: The first step is appointing someone to serve as the personal representative of the deceased's estate. This person must have legal standing and authority to bring forth any claims related to the wrongful death case in New Jersey.
  2. Gathering Evidence: After establishing legal representation, it’s important to gather evidence showing negligence on behalf of the defendant(s). Collect witness statements, medical records, police reports, etc., all of which could be used in proving your New Jersey wrongful death case.
  3. Filing A Claim: Finally, you should contact an experienced attorney who specializes in handling such cases and provide them with all relevant documents and information needed to make your claim successful. Your lawyer will then draft up a complaint detailing why you believe you have been wrongfully injured due to another’s negligence and submit it to court for litigation.

Your lawyer will take charge from this point onward until your case has been settled or taken before a jury if necessary. It is necessary to work with an experienced attorney who understands how best to navigate these complicated laws to receive proper compensation for your loss.

What Are The Different Causes Of Action In A Wrongful Death Lawsuit?

Painful passing and profound loss: these are the realities of wrongful death. When a person’s life is ended due to another’s neglect or default, those affected may be entitled to file a wrongful death action in civil court. This kind of lawsuit seeks to hold responsible parties accountable for their breach of duty of care that resulted in the untimely passing of a loved one. In New Jersey, different causes of action may be pursued in cases involving wrongful death.

Negligence is perhaps the most common cause of action sought in such suits. It extends beyond mere incompetence; rather, it refers to an individual's failure to exercise reasonable care while performing some task or set of tasks that results in harm or injury to another party. Suppose negligence on behalf of someone else caused the death. In that case, family members can sue for damages related to medical expenses, funeral costs, lost wages, and other losses that were incurred as a result.

In addition, there are instances when intentional acts lead to wrongful death – such as assault and battery. In this situation, surviving family members have two options: they can pursue criminal charges against the perpetrator through state prosecutors or seek justice by filing a personal injury claim known as “intentional infliction of emotional distress” (IIED). IIED claims allow families to receive financial compensation for mental anguish resulting from the deceased’s passing. If someone wishes to pursue compensation for the conscious associated with the death of a loved one, they must file a personal injury lawsuit and must show proof of negligence in order to have the lawsuit accepted.

No matter what led up to its occurrence, losing a loved one due to another's wrongdoing is devastating for all involved. Family members should familiarize themselves with their legal rights to make informed decisions about how best to seek justice for their beloved's unexpected demise.

Benefits of Hiring A Wrongful Death Attorney in New Jersey

In the state of New Jersey, a wrongful death lawsuit can be filed by certain family members or beneficiaries. If a loved one has passed away due to someone else’s negligent behavior, an attorney in New Jersey may be able to help families seek justice and compensation for their losses. A wrongful death case in New Jersey must meet specific requirements in order to receive consideration from a court. If someone else's negligence causes a death, the family of the deceased may be able to file a wrongful death lawsuit within two years of the death, depending on the amount of suffering the deceased experienced prior to their death.

Individuals filing a wrongful death suit in New Jersey will need assistance from an experienced lawyer who understands all aspects of the state's wrongful death laws. An attorney can provide guidance throughout the entire process and build a strong case on behalf of the deceased person's survivors. They'll be familiar with how to document expenses related to medical care prior to death, lost wages associated with the victim's passing, funeral costs, and pain and suffering endured by family members.

The best way to ensure adequate representation is by researching attorneys online or seeking referrals from friends or colleagues who have had experience working with lawyers in similar cases. It’s also important to arrange consultations with multiple law firms before making a decision about which attorney is right for you and your family during this difficult time. When searching for an attorney, look for one with extensive knowledge of New Jersey's wrongful death statutes and past success handling these types of cases.

How To Prove Liability And Negligence In A Wrongful Death Claim

In order to successfully prove liability and negligence in a wrongful death claim, legal elements must be met. In New Jersey, any person that could have been eligible for damages if the deceased had lived may file a wrongful death lawsuit. This includes family members such as spouses and children of the deceased. The estate's executor or administrator is also entitled to bring a wrongful death action on behalf of all individuals who are considered beneficiaries under the law. Additionally, the statute of limitations must be taken into consideration when filing a wrongful death suit in New Jersey; this period begins at the date of death, not from when the cause of action arose or was discovered by the claimant.

When gathering evidence to support an individual’s right to compensation due to another party’s negligence resulting in a wrongful death, it is important to understand what type of proof is necessary according to New Jersey's laws regarding tort claims. Documentation, including medical records, accident reports, police records and witness statements should be collected whenever possible. Establishing factual information such as time and date of the incident can help demonstrate how and why the decedent died which will assist in proving negligence caused their demise. Furthermore, testimony from experts like forensic scientists or physicians can provide additional insight into assessing fault for the wrongdoer responsible for causing harm to another human being, resulting in them losing their life prematurely. In order to recover damages in a wrongful death lawsuit in the state of New Jersey, proof of negligence must be shown and the death must be shown to be the result of this negligence in order for damages to be recoverable.

The burden of proof lies with those bringing forth a wrongful death case against an accused defendant; enough evidence must demonstrate beyond reasonable doubt that someone else’s negligence resulted in an untimely loss of life for it to prevail in court. Preparation is key - collecting accurate data prior to even considering trial litigation helps ensure success when pursuing needed justice through legal channels available within New Jersey's civil system framework.

Understanding Contributory And Comparative Negligence Laws

In New Jersey, a wrongful death claim can be pursued in court by the decedent’s personal representative. The wrongful death may arise due to negligence or intentional conduct and must fall within two years of the date of the victim’s death. To pursue a personal injury claim under the NJ Wrongful Death Act, the plaintiff must prove that another party was negligent in causing the decedent's death. Contributory or comparative negligence laws apply when determining who is entitled to file a wrongful death lawsuit in New Jersey.

Contributory negligence occurs when an injured person does not exercise reasonable care for their safety and contributes to their own injury. Comparative negligence applies when both parties are at fault for an accident and requires each party to pay according to their percentage of fault for damages awarded resulting from an incident. Under this law, if a claimant is found partly responsible for his/her injuries, then any award will be reduced accordingly. For example, if someone with 50% responsibility dies due to another person’s actions, they would only receive half of the compensation typically provided in similar cases.

Understanding these laws before filing a wrongful death suit is important since it affects how much compensation you could receive as part of your settlement agreement with the other party. It is also important to consider consulting with an experienced attorney who specializes in wrongful death claims so that they can help explain what types of damages you may be able to seek based on your individual circumstances as well as explain other legal considerations related to filing such a claim..

Compensation For a Wrongful Death Suit

In New Jersey, any surviving family members of someone who has died due to another person's negligence or wrongful act may be able to file a wrongful death lawsuit. The purpose of such a suit is to seek financial compensation for damages resulting from the death. This includes lost wages, medical expenses, and other costs incurred by the deceased's estate as well as pain and suffering endured by the survivors.

The nature of wrongful death cases vary greatly, but all aim to provide some degree of relief to those affected by an untimely death. To properly calculate damages awarded in a wrongful death suit, first consider how much money the deceased would have earned over their lifetime had they not passed away prematurely. All earnings up until the date of passing are usually included in this calculation. Additionally, any medical bills accrued during treatment for injuries related to the accident must also be taken into account when determining total compensatory damages owed.

Under New Jersey law, surviving family members can also make a claim under the NJ Survival Act which allows them to recover compensation for losses suffered prior to the decedent’s passing. These include loss of consortium (intimacy), emotional distress, companionship, guidance and protection that were enjoyed by the deceased before his/her death. Therefore it is important for families considering filing a wrongful death lawsuit in NJ understand all possible sources of recovery available so they can maximize their potential monetary award accordingly.

How Insurance Companies Handle New Jersey Wrongful Deaths Claims

The pain of an untimely death is unbearable. No family should have to endure the suffering prior to and caused by a wrongful death. In New Jersey, there are certain people who can file a wrongful death lawsuit on behalf of deceased loved ones.

New Jersey’s Wrongful Death Act dictates that only certain individuals with legal relationships to the decedent may be able to bring forth a civil claim for damages due to fatal injuries or illnesses sustained prior to the individual's passing. These persons include parents, spouses, children, brothers and sisters, as well as other statutory beneficiaries such as grandparents and grandchildren, depending upon the circumstances surrounding their relationship with the deceased person at the time of his/her injury or illness leading up to their death.

Insurance companies handle wrongful deaths claims differently than they would auto accident cases or medical malpractice claims; however many times these types of cases involve both aspects in terms of how insurance policies play into them. It is important for claimants in wrongful death suits to understand what type of coverage each policy has when determining compensation amounts from insurers since different factors such as economic losses, funeral expenses and any non-economic damages allowed under applicable laws must all be taken into account when making determinations about settlements or awards in court proceedings related thereto.

Preparing For Mediation, Settlement, Or Trial Negotiations

In New Jersey, a wrongful death lawsuit is available when an individual’s death has been caused by someone else’s negligence or wrongful act. The decedent's spouse, children, or parents may pursue legal action in order to be compensated for the loved one’s death. Wrongful death lawsuits can help those closest to the deceased receive compensation for damages such as medical bills, lost wages and lost companionship due to the decedent’s death.

When preparing for mediation, settlement or trial negotiations, it is important that you are fully informed of your rights under local law. Consulting with an experienced attorney who specializes in handling wrongful death cases is essential in order to have a successful outcome from your claim. An attorney will advise on what type of evidence should be gathered and presented during these proceedings, as well as any other steps needed to make sure all avenues of receiving just compensation are explored. Additionally, they can guide how best to proceed if there are issues such as disagreements between family members about pursuing a case against the negligent party responsible for their loss.

Negotiations involving wrongful death claims require knowledge and understanding of relevant laws to secure fair compensation on behalf of the grieving family members left behind after the tragedy. It is recommended that families seek out qualified legal representation in order to ensure that their loved ones' interests remain protected throughout this process.

Get Free Case Evaluations for Wrongful Death Lawsuits in New Jersey

Our team understands the emotional distress that comes with the loss of a loved one and will be there for you every step of the way. We will fight for justice on behalf of the deceased and his or her survivors. We will handle all aspects of the case, from filing the wrongful death lawsuit to negotiating with the insurance companies.

At Garden State Justice Group, our wrongful death attorneys are committed to providing the highest level of legal service and fighting for our clients' rights. If you or someone you know has lost a loved one due to the negligence or misconduct of another, contact us today for a free consultation. We will fight for justice and help you get the compensation you deserve.

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Date Published: April 24, 2023
Shane Sullivan, Esq. is a New Jersey Board Certified Civil Trial Lawyer that represents those who were injured or the family's of those killed by the negligence of others in personal injury lawsuits throughout New Jersey.
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This website is by DiLeonardo Law LLC d/b/a Garden State Justice Group. We have offices throughout the state of New Jersey with attorneys licensed to practice law in New Jersey. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New Jersey.
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