Flemington Wrongful Death Attorney

Who Can File a Wrongful Death Lawsuit in New Jersey?

Under New Jersey law, wrongful death claims must be filed by the executor or personal representative of the deceased’s estate. Typically, the damages recovered in a wrongful death lawsuit benefit the deceased’s surviving family members, including:

• Spouses
• Children (biological or adopted)
• Parents
• Other dependents or individuals who relied on the deceased for financial support

If no executor was appointed, the court may assign a representative to handle the wrongful death claim. Our legal team at Levinson Axelrod, P.A. will help you navigate this process and ensure that your family’s rights are protected.

What You Must Prove in a Wrongful Death Lawsuit in NJ

To successfully recover compensation in a wrongful death lawsuit in New Jersey, you must prove the following elements:

1. Duty of Care: The defendant owed a duty of care to the deceased. For example, drivers have a duty to operate their vehicles safely, and doctors have a duty to provide competent medical care.
2. Breach of Duty: The defendant breached this duty through negligent, reckless, or intentional actions.
3. Causation: The breach of duty directly caused the death of your loved one.
4. Damages: The death resulted in financial and emotional damages to the surviving family members.

Building a strong case requires gathering evidence such as medical records, accident reports, witness statements, and expert testimony.

Compensation for Wrongful Death

While no amount of money can replace your loved one, a wrongful death claim can provide financial security and hold the responsible party accountable. In New Jersey, wrongful death compensation may include:

• Medical expenses: Costs incurred before death, including hospital bills and treatments
• Funeral and burial costs: Reasonable expenses for funeral and burial arrangements
• Loss of financial support: Compensation for lost income and future earnings the deceased would have provided
• Loss of companionship and guidance: Compensation for the emotional toll on surviving spouses and children
• Loss of household services: Value of contributions such as childcare, home maintenance, and other tasks the deceased performed

Unlike some other states, New Jersey does not allow recovery for emotional pain and suffering in wrongful death claims. However, families may be able to pursue additional compensation through a separate survival action if the deceased experienced pain and suffering before their passing.

Statute of Limitations for Wrongful Death Claims in New Jersey

In New Jersey, the statute of limitations for wrongful death lawsuits is generally two years from the date of death. Failing to file within this timeframe can result in losing your right to seek compensation. However, certain exceptions may apply, such as cases involving criminal acts.

Let Our Firm Help You & Your Family Today

At Levinson Axelrod, P.A., we have decades of experience advocating for families who have lost loved ones due to negligence. Our firm offers:

• Compassionate Legal Support: We understand the emotional toll of wrongful death cases and provide compassionate, personalized legal representation.
• Proven Results: Our attorneys have successfully recovered millions for wrongful death victims and their families.
• Dedicated Advocacy: We are committed to fighting for justice and holding negligent parties accountable.

Contact us today at (908) 386-4678 to discuss your case with our team.