The sudden loss of a loved one is an emotional time. It can become even more complex if that loss was unexpected. If the death is caused by someone else’s negligence, those left behind might want to take action against the negligent party.
New Jersey law allows certain family members to pursue wrongful death claims. These cases are meant to compensate them for things such as the loss of income and support their loved one would otherwise have provided.
Who can file a wrongful death lawsuit in New Jersey?
In New Jersey, a wrongful death loss must be filed by the personal representative of the decedent’s estate. If the person had a will, this is the executor named in the document. If there isn’t a will, the court will appoint an administrator to serve in this role.
Who can receive benefits from a wrongful death lawsuit?
New Jersey law prioritizes certain family members for recovering compensation. Typically, the person supporting children would be the first to receive benefits. If the person wasn’t married and didn’t have children, their parents may be able to recover damages from the wrongful death lawsuit. If their parents are deceased, their siblings, nieces and nephews may be eligible.
Anyone who has lost a loved one in a traumatic incident in New Jersey should explore the option of filing a wrongful death claim. These claims aren’t meant to punish the negligent party, but are meant to replace the economic contributions the decedent would have made if it weren’t for their death. These cases can be complex and emotional, so it’s beneficial for the survivors if they have someone to work on their behalf.