Losing a loved one unexpectedly due to someone else's negligence or wrongdoing can leave families feeling devastated and uncertain about what steps to take next. For grieving families in New Jersey, filing a wrongful death claim can help ease financial burdens and hold responsible parties accountable.
To provide clarity during such difficult times, we’ve compiled answers to the most common questions regarding wrongful death claims in New Jersey.
1. What Is a Wrongful Death Claim?
A wrongful death claim is a legal action filed by the surviving family members or representatives of someone who has passed away due to another person’s negligence, misconduct, or intentional harm.
This type of claim seeks compensation for the emotional and financial losses suffered by the family. Wrongful death claims can arise from incidents such as car accidents, medical malpractice, workplace injuries, or even criminal activities.
2. Who Can File a Wrongful Death Claim in New Jersey?
In New Jersey, the law allows only specific individuals to file a wrongful death claim. Typically, the claim is brought by the executor or personal representative of the deceased person’s estate on behalf of the family. Eligible family members who may benefit from a wrongful death lawsuit include:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
- Siblings, nieces, nephews, or other relatives who were financially dependent on the deceased
It’s important to consult with a wrongful death lawyer to determine eligibility and the best course of action when filing a claim for wrongful death.
3. What Types of Compensation Are Available in a Wrongful Death Case?
A successful wrongful death claim may result in compensation for a variety of losses suffered by the deceased’s family. These damages typically fall into two main categories:
- Economic damages: This includes compensation for medical expenses incurred before death, funeral and burial costs, lost future income, and the value of services that the deceased provided to the family (such as childcare or household support).
- Non-economic damages: This encompasses compensation for the emotional and psychological losses suffered by surviving family members, such as loss of companionship, guidance, and emotional support.
Keep in mind that punitive damages—designed to punish the defendant for egregious behavior—are not typically awarded in wrongful death cases in New Jersey unless there was intentional harm or extreme negligence.
4. How Long Do You Have to File a Wrongful Death Claim in New Jersey?
New Jersey law imposes a strict statute of limitations on wrongful death claims. Families have two years from the date of their loved one’s passing to file a wrongful death lawsuit. If a claim is not filed within this timeframe, the family may lose their right to seek compensation.
However, there are exceptions. For instance, if the wrongful death resulted from a criminal act, the statute of limitations may be extended. Consulting with an experienced wrongful death lawyer will help ensure you file your claim within the appropriate time limits.
5. What Must Be Proven in a Wrongful Death Case?
To succeed in a wrongful death claim, the plaintiff must prove several key elements, including:
- Duty of care: It must be shown that the defendant owed the deceased a legal duty of care. For example, a doctor has a duty to provide competent medical care, and drivers have a duty to follow traffic laws.
- Breach of duty: The plaintiff must demonstrate that the defendant breached this duty, whether through negligence, recklessness, or intentional harm.
- Causation: The breach of duty must have directly caused the wrongful passing of the loved one.
- Damages: The plaintiff must prove that the death resulted in measurable losses, such as medical bills, funeral expenses, and loss of financial support.
Proving these elements often requires the help of an experienced wrongful death lawyer who can gather evidence, consult with experts, and build a strong case.
6. How Is a Wrongful Death Settlement Distributed Among Family Members?
Once a wrongful death settlement is reached, the distribution of the compensation is governed by New Jersey’s wrongful death laws. The compensation is typically divided among the surviving family members based on their financial dependence on the deceased and their relationship. For example, a spouse and minor children may receive a larger share of the settlement than adult siblings or distant relatives.
The court may also become involved in determining the distribution, especially if there is a dispute among family members. It’s advisable to work with a lawyer experienced in wrongful death claims to help ensure that the settlement is fairly distributed.
7. How Long Does It Take to Resolve a Wrongful Death Claim?
The length of time it takes to resolve a wrongful death claim in New Jersey can vary depending on the complexity of the case. Some cases settle within a few months, while others may take years, especially if the case goes to trial. Factors that influence the duration include:
- The willingness of the parties to settle
- The availability of evidence
- Whether multiple defendants are involved
- Court schedules and procedures
While it’s understandable that families want closure as soon as possible, it’s important to give your wrongful death lawyer time to build a strong case. Rushing the process could result in a lower settlement or unfavorable outcome.
8. Do I Need a Lawyer to File a Wrongful Death Claim?
While it’s technically possible to file a wrongful death lawsuit without legal representation, doing so can be overwhelming and risky, especially given the emotional toll of losing a loved one. Wrongful death claims often involve complex legal processes, including gathering evidence, negotiating with insurance companies, and meeting court deadlines.
A wrongful death lawyer can take the burden off your shoulders by handling the legal aspects of your case, allowing you to focus on grieving and healing. Your lawyer will fight to ensure that you receive fair compensation for your loss and that those responsible for your loved one ’s passing are held accountable.
Contact Corradino & Papa, LLC for Help with Your Wrongful Death Claim in New Jersey
If you’ve lost a loved one due to someone else’s negligence, you don’t have to face this difficult time alone. The compassionate and experienced wrongful death lawyers at Corradino & Papa, LLC are here to help you navigate the complexities of filing a claim for wrongful death and seeking the justice and compensation your family deserves.
For a free consultation, call us at 973-574-1200 or fill out our online contact form. We're here to help you during this challenging time.