Understanding Wrongful Death Lawsuits in New Jersey: A Comprehensive Guide

Losing a loved one is a devastating experience, but when their death results from someone else’s negligence or misconduct, it can feel even more overwhelming. Pursuing a wrongful death lawsuit in New Jersey can provide financial relief and hold the responsible party accountable. 

This guide will break down what you need to know about wrongful death lawsuits in New Jersey, including who can file, what damages can be recovered, and the laws that may impact your case.

What Constitutes a Wrongful Death in New Jersey?

A wrongful death occurs when someone dies as a result of another person or entity’s negligent, reckless, or intentional actions. Under New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1), survivors can seek compensation for the financial losses resulting from their loved one’s death.

Examples of situations that may lead to a wrongful death lawsuit include:

• Car accidents that reckless or impaired drivers cause
• Medical malpractice, such as surgical errors or failure to diagnose a life-threatening condition
• Workplace accidents, especially in industries with hazardous conditions
• Defective products that lead to fatal injuries

It’s important to note that wrongful death claims focus on the financial impact of the loss rather than the pain and suffering of the deceased person or their family. 

Who Can File a Wrongful Death Lawsuit in New Jersey?

In New Jersey, only the executor or administrator of the deceased’s estate can file a wrongful death lawsuit. If the deceased has a will, the executor in the will takes on this responsibility. The court will appoint an administrator to handle the claim if there is no will.

The beneficiaries of a wrongful death lawsuit typically include:

1. The spouse.
2. Children or grandchildren.
3. Parents of the deceased.
4. Siblings, nieces, or nephews, depending on the circumstances.

The priority of beneficiaries is established by New Jersey law, and the compensation is distributed based on their level of financial dependence on the deceased.

Damages Recoverable in a Wrongful Death Lawsuit

New Jersey allows plaintiffs to recover damages that compensate for the financial losses caused by the death of their loved one. These include:

• Lost income and benefits: The income the deceased would have earned had they lived.
• Medical and funeral expenses: Costs related to the deceased’s final days and burial.
• Loss of household services: The value of tasks the deceased provided, such as childcare or home maintenance.
• Loss of companionship and guidance: While emotional distress damages aren’t recoverable under New Jersey law, the loss of care and companionship is considered in the financial calculation.

To ensure all possible damages are accounted for, consult an experienced wrongful death attorney near you who understands the nuances of New Jersey law.

Statute of Limitations for Wrongful Death Cases in New Jersey

The statute of limitations is the time limit for filing a lawsuit. In New Jersey, wrongful death claims must generally be filed within two years from the date of death.

There are some exceptions:

• If a criminal act caused the death, the timeline may extend depending on the criminal case’s proceedings.
• For cases involving minors, additional considerations may apply.

Failing to file within the statute of limitations could result in losing your right to pursue compensation, so acting promptly is critical.

Proving Fault in a Wrongful Death Case

To succeed in a wrongful death lawsuit, the plaintiff must prove that the defendant’s actions directly caused the death. This involves demonstrating:

1. Duty of care: The defendant owed a legal duty to the deceased (e.g., a doctor providing competent medical care).
2. Breach of duty: The defendant failed to meet this standard (e.g., a driver running a red light).
3. Causation: The breach of duty directly led to the death. 
4. Damages: The death caused quantifiable financial losses.

Notable Case Example:

In Verdicchio v. Ricca, a New Jersey court awarded substantial damages to the family of a patient who died due to medical negligence. This case highlights how clear evidence of breach and causation can lead to successful outcomes.

Practical Steps if You’re Considering a Wrongful Death Lawsuit

If you believe you have a wrongful death case, here are some actionable steps:

1. Contact an experienced attorney: A personal injury attorney can evaluate your case and guide you through the legal process.
2. Gather evidence: Preserve medical records, accident reports, witness statements, and any other relevant documentation.
3. Appoint an executor: Ensure someone is legally designated to represent the estate.
4. File promptly: Don’t wait too long to initiate your claim, as time is limited.

How Rosengard Law Group Can Help

At Rosengard Law Group, we understand the profound pain and financial challenges families face after losing a loved one due to someone else’s negligence. Our experienced attorneys are here to guide you through the legal process, offering compassionate and professional representation tailored to your needs.

We’ve successfully represented clients in cases involving:

• Wrongful death claims resulting from car accidents, medical malpractice, and workplace injuries
• Negligence lawsuits against individuals, corporations, or entities
• Securing compensation for lost income, funeral expenses, and other financial losses

Our team is committed to fighting for justice and helping you secure the compensation your family deserves. To schedule a free consultation, contact us at (856) 284-6446 today.

Let us help you through this difficult time so you can focus on healing while we focus on your case.