The loss of a loved one leaves an emptiness that words cannot describe, especially when their life was cut short due to someone else’s negligence or reckless actions. If you are facing this unimaginable pain, you may be feeling overwhelmed and unsure of what to do next.
While nothing can heal the wound of losing a family member, seeking justice can offer some solace in securing your family’s financial future. But keep in mind that the wrongful death statute in New Jersey limits the amount of time you have to file a claim and potential recovery.
In this piece, our lawyers will explain the wrongful death statue and the time limitations and possible recovery available from a loss of a loved one.
What is Wrongful Death in New Jersey?
In New Jersey, the law provides for recovery of the death of a loved one due to the negligence or carelessness of another. The law provides that the survivors may recover the financial loss that they may suffer as a result of the loss of a loved one. In addition, the law provides for recovery of the pain and suffering that the lost love one suffered before their death. Unfortunately, the law does not provide for the emotional effect of losing a loved one. However, the attorneys at Petro Cohen are skilled at providing the maximum recovery for the wrongful death of another to help with those loved ones left with the loss
What Is the Statute of Limitations for Wrongful Death in Jersey?
In New Jersey, you generally have two years from the date of injury or death to file a wrongful death lawsuit. This deadline is not arbitrary; it serves important purposes:
- Evidence preservation. The longer you wait to file a lawsuit, the more likely evidence will be lost or degraded, making it harder to prove your case.
- Witness availability. Over time, witnesses may move, forget details, or even pass away.
- Finality. Statutes of limitations provide a sense of finality for potential defendants, preventing them from having to worry about potential lawsuits indefinitely.
Are There Exceptions to the Statute of Limitations?
Generally, the Statute of Limitations for wrongful death actions are strictly applied meaning that a Complaint must be filed with the Court within two years from the date of injury or death. Even if a victim had suffered beyond the incident and passed thereafter, the Statute of Limitations will start at the time of the initial injury. This is why it is important to contact attorneys who have knowledge and experience with such matters in order to be guided in such unfortunate times.
Who Can File a Wrongful Death Claim in New Jersey?
Not just anyone can file a wrongful death lawsuit in New Jersey. The law requires that the executor named in the will or an administrator appointed by the court may act as the personal representative of the estate.
The personal representative acts as the legal voice of the deceased, initiating the lawsuit on behalf of the family. Importantly, they do not personally benefit from any awarded compensation. Instead, the court distributes compensation to the deceased’s surviving family members who relied on them financially. This typically includes spouses and children, and sometimes even parents or siblings, if they depended on the deceased financially.
What Compensation Can You Recover in a New Jersey Wrongful Death Claim?
While a wrongful death lawsuit cannot bring back your loved one, it can offer financial compensation to help surviving family members cope with the aftermath. If the lawsuit is successful, the court orders the responsible party to pay damages to the deceased’s survivors. In New Jersey, compensation may include:
- Loss of financial support—the deceased’s income, future earnings, and benefits they would have contributed to the family;
- Loss of services—the economic value of essential services the deceased provided, such as childcare, home maintenance, or transportation;
- Reasonable medical and funeral expenses—costs related to the deceased’s final medical treatment and funeral, typically established through bills and receipts.
It is important to note that in New Jersey, wrongful death cases primarily focus on compensating for the measurable financial losses suffered by the family members. This means that emotional loss are not typically awarded. The exact compensation you might receive will depend on the unique circumstances of your case.
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