Losing a loved one is always painful, but it’s even more devastating when their death results from someone else’s careless or wrongful behavior. If you believe a family member’s passing was preventable, you might have grounds to file a wrongful death case. Understanding your rights under New Jersey law and the steps involved in seeking justice can help you make difficult decisions during this challenging time.
What Is a Wrongful Death Case?
A wrongful death case is a legal claim brought by the surviving family members or beneficiaries of someone who has died due to the negligence, recklessness, or intentional actions of another person or entity. This type of legal action aims to hold the responsible party accountable and secure financial compensation for the survivors.
Under New Jersey law (N.J.S.A. 2A:31-1), wrongful death claims focus on the financial losses suffered by the deceased’s dependents as a result of their untimely passing. Unlike other states, emotional pain and suffering are not included in these claims.
Common Scenarios Leading to Wrongful Death Cases
Wrongful death claims can arise in many ways. Some of the most common scenarios include:
Vehicle Accidents
Fatal car, truck, or motorcycle crashes caused by negligent drivers (e.g., distracted driving, DUI, or speeding) are a leading cause of wrongful death lawsuits in New Jersey.
Workplace Accidents
Fatal injuries resulting from unsafe conditions, inadequate training, or defective equipment are common in high-risk industries like construction.
Medical Malpractice
Fatalities caused by medical errors such as misdiagnosis, surgical mistakes, or medication errors may qualify for a wrongful death claim.
Defective Products
Deaths caused by unsafe or malfunctioning products (e.g., vehicles, machinery, or consumer goods) can result in a product liability case as part of the wrongful death lawsuit.
Premises Liability
Fatal accidents on someone’s property due to unaddressed hazards (e.g., unsafe staircases, slips and falls, or swimming pool accidents) may be the basis for a claim.
Violent Acts
Intentional harm, such as homicide, can also lead to a wrongful death case, even if the defendant is already facing criminal charges.
Who Can File a Wrongful Death Claim in New Jersey?
New Jersey sets strict rules about who can file a wrongful death lawsuit. Only specific parties, typically the deceased’s surviving family members or their estate representative, can bring a claim. The following individuals may qualify:
- Spouse and Children: The primary beneficiaries of a wrongful death claim are the spouse and surviving children.
- Parents: If the deceased did not have a spouse or children, their parents may be eligible to file.
- Other Dependents: Siblings or other family members who relied on the deceased financially may also have standing, though this is less common.
The wrongful death lawsuit is usually filed by the personal representative or executor of the deceased’s estate. Any compensation awarded is then distributed to the eligible family members or dependents based on their financial dependence.
Determining Compensation in a Wrongful Death Case
The purpose of a wrongful death claim is to compensate the surviving family members for the financial losses caused by their loved one’s death. Some types of compensation may include:
- Loss of Financial Support: Includes the income and benefits the deceased would have provided to their dependents.
- Loss of Services: Covers the value of household tasks or care that the deceased would have performed, such as childcare or home maintenance.
- Medical Expenses: Compensation for any healthcare costs incurred before the loved one’s passing due to the fatal accident.
- Funeral and Burial Costs: Restitution for reasonable funeral and burial expenses associated with the death.
- Loss of Guidance and Companionship: Financial value associated with the loss of the deceased’s presence, advice, and emotional support in the lives of their loved ones.
Since emotional suffering is not recoverable under New Jersey wrongful death law, some families may file a separate “survival action” to seek damages for the pain and suffering the deceased endured before their death.
How to File a Wrongful Death Claim in New Jersey
Consult an Experienced Attorney
Wrongful death cases can be complex, and time is of the essence. New Jersey law requires you to file a claim within two years of your loved one’s death, per the statute of limitations. An experienced attorney can help you evaluate your case and guide you through the legal process.
Investigate and Collect Evidence
Your attorney will work to gather evidence, including police reports, medical records, witness statements, and expert opinions, to build a strong case showing that another party’s negligence caused the fatality.
File the Lawsuit
The next step is to formally file the wrongful death lawsuit in the appropriate New Jersey court. The claim will outline the allegations against the defendant and the damages the surviving family members sought.
Negotiate or Proceed to Trial
Many wrongful death cases are resolved through settlements without proceeding to court. However, if a settlement cannot be reached, your case may go to trial, where a judge or jury will determine the outcome.
Distribute Compensation
Once the case is successfully resolved, compensation is distributed among eligible family members as designated under New Jersey law.
New Jersey Wrongful Death Attorney
Navigating a wrongful death claim is a challenging journey, but understanding the intricacies of the process can empower families to make informed decisions. From establishing eligibility and proving liability to calculating compensation and choosing between settlement and trial, each step requires careful consideration and expert guidance. For those in Brick, NJ, seeking the assistance of a knowledgeable wrongful death attorney is crucial in pursuing justice and securing the compensation they deserve. If you have lost a loved one due to another's negligence or intentional harm, don't hesitate to contact us at (732) 440-3089 . Our experienced team at Levinson Axelrod, P.A. is here to support you through this difficult time and help you achieve the best possible outcome for your case.