New Jersey Wrongful Death Attorney

New Jersey Wrongful Death FAQ

Who Can File a Wrongful Death Lawsuit New Jersey?

New Jersey’s Wrongful Death Act requires wrongful death actions to be brought by a personal representative for the victim’s surviving family members. A representative may be an executor named in the victim’s will, or a person appointed by a probate court to serve as the estate’s administrator.

To be entitled to a recovery of damages obtained through wrongful death actions, survivors will need to establish “actual dependency” upon the decedent or be a qualified survivor under New Jersey’s intestate laws. This means the following parties may be eligible to recover:

• Surviving spouse and children.
• Surviving parents, if there is no surviving spouse or children.
• Surviving siblings or other relatives, if there are no surviving parents.

Do I Have a Wrongful Death Case?

It depends. Unfortunately, not every death is grounds for legal action. In New Jersey, surviving family members who wish to pursue a wrongful death lawsuit must meet a few essential legal elements.

While you should always have a qualified attorney review the viability of your claim based on specific facts, you may have a case if the following can be proven:

1. A duty of care was owed to the decedent by the defendant.
2. The defendant was negligent in breaching the duty of care .
3. The defendant’s negligence was more likely than not the cause of death.
4. The decedent and your family suffered damages as a result.

What is the NJ Statute of Limitations for Wrongful Death?

Wrongful death lawsuits in New Jersey are subject to a statute of limitations – a legal deadline by which claims must be filed. If a statute of limitations expires, no claim for compensation can be brought.

For most wrongful death cases, the statute of limitations is 2 years. However, statute of limitations may be different under certain circumstances, such as the death of a minor, or a death arising from an illness or injury for which an underlying negligent cause was not immediately discovered.

Because determining the correct statute of limitations in your case is a fact-specific task, our attorneys at Levinson Axelrod are available to provide a personalized evaluation. We also encourage families to bring claims to the attention of a lawyer as soon as possible – both to ensure time for needed investigations and to avoid issues with the statute of limitations.