Who Can File a Wrongful Death Lawsuit in New Jersey?

What is Wrongful Death?

A wrongful death is the death of a person that is caused by neglect or wrongful behavior from another party. A person could be responsible for another person’s death via reckless or negligent behavior, medical malpractice, as a result of criminal activity, etc.

When a person is injured in an accident they might have the right to file a lawsuit or claim to receive compensation for their injuries. A wrongful death claim may be made when a person dies but they would have been entitled to compensation if they lived.

For example, if a woman was involved in a car accident caused by another driver’s drunk driving, she would be able to pursue legal action for compensation. If she dies due to her injuries then her family may be entitled to receive the compensation that she would have been given.

Can Family File a Wrongful Death Lawsuit?

Who is allowed to file a wrongful death lawsuit depends on the state you are filing. Some states require that only the executor of the deceased’s will may file a claim. In New Jersey, the following individuals are eligible to file.

• A surviving spouse or domestic partner has priority in filing a wrongful death suit. They have the first right to do so.
• If there is no surviving spouse, the departed’s children can file a claim.
• Surviving parents are next in line if there is no surviving spouse or children.
• If none of the above are able or willing to file a claim, the executor of the will has the right to file a wrongful death claim.

The above are ordered by who will have the first opportunity to file. Even if one of the above files, the compensation received can be distributed between whatever parties were financially dependent on the deceased.

Is There a Statute of Limitations?

A statute of limitations is imposed on most accidents and crimes. The term refers to the time period in which the victim of an accident can begin the legal process of filing a lawsuit or claim against the responsible party. The statute of limitations for a wrongful death claim in New Jersey is 2 years. Starting on the date of your loved one’s death you have two years to begin legal proceedings otherwise you are no longer able to pursue compensation.

Work with a trusted legal team who can help you navigate the complexities of the legal system and make sure you are filing the correct paperwork within the designated time constraints.