The Attorneys You Want On Your Side

New Jersey Wrongful Death Attorneys

Compassionate Counsel Seeking Justice For Grieving Families

In New Jersey, if someone else’s negligence or reckless actions caused a death – from a car accident, workplace accident, medical malpractice, or another incident – the surviving family members can receive monetary compensation for their loss. This is called wrongful death and, understandably, grieving family members are often unaware of the relief that they may receive for their losses.

Losing a family member or loved one due to wrongful death is painful and traumatic. Our experienced New Jersey wrongful death attorneys understand the emotional suffering you and your family are going through and, we help you through this difficult time with compassion and keen knowledge of the law.

What Is Wrongful Death?

The state of New Jersey defines “wrongful death” as a death that is “caused by a wrongful act, neglect or default of another.” In understanding what situations are considered wrongful death, it is helpful to look at it this way: the circumstances that caused the death must be such that they would warrant a personal injury claim if the victim had survived the accident.

Filing A Wrongful Death Claim

The executor of the deceased’s estate or a representative thereof typically files a wrongful death claim on behalf of those surviving family members.

Time Limits On Filing A Wrongful Death Claim

In New Jersey, the statute of limitations for wrongful death claims is two years from the time of the deceased’s death. Claims that are filed after the two-year period will not be heard in court, so it is important to pay attention to the deadline so that you don’t forgo receiving any monetary damages.

Who Receives Any Damages Awarded?

Damages that are awarded in wrongful death cases are given to the deceased’s surviving family members who were dependents of the deceased at the time of their death. Damages may also be distributed to individuals who may inherit from the deceased under New Jersey laws. This may include any of the following:

Surviving children, spouse or grandchildren
Surviving parents
Any surviving siblings of the deceased
Surviving nieces and nephews
Individuals who were dependents of the deceased

In most wrongful death cases, the deceased’s surviving spouse and children receive damages first. Surviving parents only inherit in the absence of a surviving spouse and children. Siblings, nieces and nephews only receive damages if there are no surviving parents.

Types Of Damages

In New Jersey, the damages awarded in a wrongful death case are designed to provide compensation to surviving family members – or the estate – of the deceased for losses resulting from the deceased’s death. Damages may include:

Financial loss: the compensation that the deceased could have earned if they had lived
Loss of companionship: the guidance, care and comfort the deceased would have provided
Household services: the value of services lost such as child care, cleaning and chores
Medical expenses related to the deceased’s injury or final illness
Funeral and burial expenses for the deceased

Surviving family members may not recover damages for emotional distress in wrongful death cases nor may they receive punitive damages. However, New Jersey law does allow surviving family members who suffered severe distress due to being present when the death occurred, to file a separate claim for negligent infliction of emotional distress, and seek damages.

Frequently Asked Questions About Wrongful Death Claims In New Jersey

Here are answers to common questions about wrongful death claims in New Jersey to help you understand your legal rights and options.

What is the statute of limitations for filing a wrongful death claim in New Jersey?

The statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death. This time limit is set by state law under N.J. Stat. § 2A:31-3 and is strictly enforced in most cases, meaning if you miss this window, you may lose your right to pursue a claim. There are rare exceptions such as when the death results from murder, aggravated manslaughter or manslaughter and the responsible party is convicted, in which case the statute of limitations may not apply.

Another exception might arise if the cause of death was not immediately clear and could not have reasonably been discovered earlier; in such cases, the countdown might start when the cause is uncovered. However, these exceptions are not guaranteed and depend on the case’s specific details, so it is wise to act sooner rather than later to protect your rights.

How is liability determined in a wrongful death case?

Liability in New Jersey wrongful death cases requires proving someone’s wrongful act, negligence or failure to act caused the death. This must be established by these four elements:

The person or entity owed a duty of care to the deceased
They breached that duty
This breach directly caused the death
The death resulted in measurable losses for the surviving family

Evidence such as accident reports, witness statements, medical records or expert testimony often plays a big role in building this case. New Jersey law uses a “preponderance of the evidence” standard, meaning it must be more likely than not that the person was responsible – no proof beyond a reasonable doubt is needed, unlike in criminal cases.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim, as per N.J. Stat. § 2A:31-1, is filed on behalf of surviving family members to recover their financial losses such as:

Income the deceased would have provided
Value of household services they contributed

It focuses on survivors’ economic damages, not emotional pain.

Governed by N.J. Stat. § 2A:15-3, survival action, on the other hand, is brought by the deceased’s estate to recover damages the person suffered before dying, including:

Medical bills
Pain and suffering
Lost wages from injury to death

Wrongful death proceeds go directly to eligible family members, while survival action compensation goes to the estate for distribution according to the will or state inheritance laws.

How do I choose the right attorney for my wrongful death claim?

Choosing an attorney for a wrongful death claim in New Jersey means looking for someone who understands the state’s laws and can guide you through the process with clarity. As such:

Look for experience with similar cases
Try to ensure they are licensed in New Jersey and familiar with local courts
Meet them to assess communication style and compatibility
Check their availability to dedicate time to your case
Discuss fee structure to align with your financial goal

The right attorney should understand New Jersey’s legal system thoroughly and explain the process clearly, helping you navigate this challenging time with the exceptional legal guidance and support you deserve.

Experience You Can Count On, Counsel You Can Trust

Let us take the burden of seeking compensation off your shoulders so you can begin the process of healing. Contact the New Jersey wrongful death attorneys at Lomurro Munson LLC by phone at 732-482-9285 or online to schedule an appointment to discuss your wrongful death case. Our main office is conveniently located in Freehold, and we also offer consultations by videoconference.