In New Jersey, if someone causes the death of your spouse or family member, you may face both emotional loss and sudden financial strain. If this happens, you can seek compensation in civil court even before a criminal case starts. These civil claims require a lower burden of proof than criminal charges.
When murder supports a wrongful death claim in New Jersey
Under New Jersey’s wrongful death law, you may file a wrongful death claim when a person’s death is the result of a wrongful act, neglect or default. Murder qualifies as a wrongful act. You do not need a criminal conviction to move forward with a civil case. However, you must follow specific rules depending on who files and who receives damages:
- Who files: The personal representative of the estate files the lawsuit.
- Who recovers: The court awards damages to eligible heirs under New Jersey’s intestacy laws.
In a wrongful death claim, you seek recovery for the financial losses of the survivors. These losses may include lost income, lost financial support and the value of household services the deceased normally provides. However, you cannot recover damages for grief or emotional distress under a wrongful death claim.
You may also pursue a survival action and seek damages the deceased could have recovered before death. This typically includes the suffering they may have faced before passing away.
Murder as a basis for a wrongful death claim
If someone causes the death of your loved one, you may rely on that act to support a wrongful death claim under New Jersey law. By following the statutory rules on standing, beneficiaries and damages, you may become eligible for monetary compensation, allowing you to make up for the loss of income and financial support.