Losing a loved one due to someone else’s negligence is devastating, both emotionally and financially. When a death is caused by a car accident, medical malpractice, defective product, or other wrongful act, New Jersey law allows certain family members to file a wrongful death claim. This type of civil lawsuit seeks to compensate surviving family members for their losses, including lost financial support, funeral costs, and other related expenses. But not everyone is eligible to bring such a claim. Understanding who can file—and what damages can be recovered—is crucial when deciding how to move forward.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action brought against a person, business, or entity whose wrongful act or negligence caused another person’s death. The purpose is not to punish the wrongdoer (that is handled in criminal court) but to provide financial relief to surviving family members who depended on the deceased for support.
Who Can File in New Jersey
In New Jersey, wrongful death claims must be filed by the executor or administrator of the deceased person’s estate.
- If the deceased had a will, the executor named in the will typically brings the lawsuit on behalf of the estate.
- If there was no will, the court appoints an administrator—often a close family member—to represent the estate and file the claim.
Although the executor or administrator files the lawsuit, any compensation awarded is distributed to the deceased’s surviving family members according to New Jersey’s intestacy laws.
Eligible Beneficiaries
The following individuals are generally eligible to recover damages in a wrongful death claim:
- Spouse and Children – The surviving spouse and children are given priority in receiving compensation.
- Parents – If there is no spouse or child, the parents of the deceased may recover damages.
- Other Dependents – If there are no immediate family members, others who were financially dependent on the deceased may be eligible, including siblings, nieces, or nephews.
Importantly, damages are distributed in proportion to the level of financial dependency on the deceased.
Types of Damages Recoverable
A wrongful death claim can seek compensation for:
- Funeral and burial expenses
- Loss of financial support and future earnings
- Loss of household services
- Loss of care, guidance, and companionship
New Jersey does not allow recovery for emotional distress or pain and suffering in a wrongful death action, but a separate survival action can be filed to recover damages for the pain and suffering the deceased experienced before death.
Statute of Limitations
Wrongful death claims in New Jersey must be filed within two years of the date of death. Missing this deadline usually results in losing the right to bring a lawsuit, making it critical to act promptly.
Why Legal Representation Matters
Wrongful death claims often involve complex legal and financial issues, including determining the value of future earnings and navigating New Jersey’s laws of intestate succession. An experienced attorney can handle the legal process, gather evidence, consult financial experts, and ensure the claim is filed correctly and on time.
Conclusion
In New Jersey, only the executor or court-appointed administrator of an estate can file a wrongful death claim, but the compensation ultimately benefits the surviving family members who relied on the deceased for financial and emotional support. Understanding who is eligible, what damages can be recovered, and the time limits for filing is essential to protecting your rights. Consulting an experienced wrongful death attorney can help ensure that your family receives the financial security and justice you deserve after a tragic loss.