Losing a loved one due to another person’s negligence is a heartbreak no family should endure. New Jersey law offers a potential pathway for families to seek justice. That’s not just for closure, but to ease the financial burdens that often follow an untimely death.
While no legal remedy can replace the loss of a loved one, understanding how wrongful death claims work can empower you to make informed decisions during a very difficult time.
Who can file a wrongful death claim?
In New Jersey, wrongful death claims must be filed by the personal representative of the deceased’s estate. This is typically an executor named in a will or an administrator appointed by the court.
The personal representative pursues the claim on behalf of surviving family members who were financially dependent on the deceased. Examples include spouses, children or parents.
What damages can be recovered?
State law limits recovery to pecuniary damages, meaning financial losses. These may include:
- Lost income and financial support
- Medical and funeral expenses
- Loss of household services and guidance
Emotional suffering is not compensable under the state’s wrongful death statute, though survival claims may allow recovery for the decedent’s pain and suffering before death.
What are the time limits for filing?
Families generally have two years from the date of death to file a wrongful death claim. Exceptions exist for criminal homicide cases, but negligence-based claims must meet this deadline.
Navigating a wrongful death claim can be overwhelming, but understanding your rights is the first step toward justice. Legal guidance can help ensure that your loved one’s legacy is honored with dignity.