Losing a loved one is one of life’s most painful experiences. When that loss occurs because of another party’s negligence or wrongful act, surviving family members may have the right to pursue justice through a wrongful death claim. In New Jersey, these legal rights are clearly defined under state law to ensure that the deceased person’s dependents receive financial support and recognition for their suffering. Understanding these rights is essential for families navigating the aftermath of a wrongful death.
Who Can File a Wrongful Death Claim in New Jersey
In New Jersey, a wrongful death lawsuit must be filed by the personal representative (executor or administrator) of the deceased person’s estate. This representative acts on behalf of the surviving family members who are legally entitled to recover damages. Typically, the beneficiaries include the spouse, children, and sometimes parents of the deceased. If the deceased left no spouse, children, or parents, other relatives who were financially dependent on the deceased—such as siblings, nieces, or nephews—may be eligible to recover damages.
Types of Damages Recoverable
The main purpose of a wrongful death claim is to compensate the surviving family for financial losses resulting from the death. These damages often include:
- Loss of financial support the deceased would have provided to the household.
- Loss of services and companionship, recognizing the practical and emotional roles the deceased played in the family.
- Funeral and burial expenses reasonably incurred as a result of the death.
- Loss of parental guidance for surviving children.
New Jersey law focuses on tangible, economic losses rather than emotional pain or grief. While the surviving family’s sorrow is immense, damages for emotional suffering are not compensable under the wrongful death statute. However, other related claims—such as survival actions—can address the deceased person’s pain and suffering prior to death.
The Role of a Survival Action
Alongside a wrongful death claim, New Jersey law allows for a survival action to be filed. This type of claim compensates the estate for damages the deceased could have recovered if they had survived the incident. It may include medical expenses, lost wages, and pain and suffering experienced between the time of injury and death. The proceeds from a survival action are distributed through the deceased’s estate, often to the same heirs but under different legal principles than those governing wrongful death claims.
Distribution of Compensation
The court determines how the compensation from a wrongful death claim will be distributed among surviving family members. This distribution follows New Jersey’s intestacy laws, which govern how assets are divided if someone dies without a will. Spouses and children generally receive the largest portions, while more distant relatives may receive compensation only if they can prove financial dependency on the deceased.
Statute of Limitations
It is important for surviving family members to act promptly. Under N.J.S.A. 2A:31-3, wrongful death claims in New Jersey must typically be filed within two years from the date of death. Failing to file within this period usually results in losing the right to pursue compensation, regardless of the merits of the case. There are very limited exceptions, such as cases involving minors or delayed discovery of wrongful conduct.
Seeking Legal Help
Navigating wrongful death laws can be complex, especially during a period of grief. A qualified New Jersey wrongful death attorney can help families gather evidence, identify liable parties, calculate damages, and ensure that all legal deadlines are met. Legal representation also provides emotional relief, allowing families to focus on healing while an attorney manages the legal process.
Conclusion
The legal rights of surviving family members in New Jersey are designed to provide financial security and justice after a tragic loss. While no amount of compensation can replace a loved one, holding the responsible party accountable can bring a sense of closure and stability. Families who believe their loved one’s death was caused by negligence should seek prompt legal guidance to protect their rights and secure the compensation they deserve.