Help Is Here For The Loved Ones Of Wrongful Death Victims
Losing a loved one too soon because of someone else’s recklessness or negligence is devastating. At Laufer, Dalena, Jensen, Bradley & Doran, LLC, we understand.
We have worked with hundreds of people throughout New Jersey who lost a relative or spouse to a negligent accident. Whether your loved one suffered a car accident, motorcycle accident, construction accident or any other sort of fatal accident, we can help you hold the perpetrator accountable and recover maximum compensation.
Who Can File A Wrongful Death Claim In New Jersey?
Not just anyone can file a lawsuit after someone’s tragic passing. In New Jersey, only the following people have the right to pursue a wrongful death lawsuit:
- The executor of the decedent’s will
- The personal representative of the decedent’s estate
If the deceased person did not have a will or did not name a personal representative, a judge will appoint someone to fill the position. The people eligible to recover compensation in a wrongful death claim include the decedent’s spouse, parents, children, grandchildren, siblings and other blood relatives.
Helping You Beat The Statute Of Limitations
The state of New Jersey has a two-year statute of limitations on wrongful death cases. This means that you and your wrongful death attorney or personal injury attorney must file a claim within two years from the date of your loved one’s passing.
If you miss this deadline, you lose the right to have your day in court. With our team’s considerable skill and knowledge, we can build a strong case for compensation as time-efficiently as possible.
Frequently Asked Questions About New Jersey Wrongful Death Claims
The loss of a loved one due to another party’s mistakes can leave you with many questions. Here are some of the most important answers:
Who can file a wrongful death claim in New Jersey?
Every state has specific rules about who may file a wrongful death claim. In New Jersey, that task is reserved for the executor of the deceased’s estate. If there is no will, the court may appoint a personal representative to act on the estate’s behalf, and they may file the claim.
Surviving family members may choose to file a wrongful death claim in New Jersey. That is, the surviving spouse or children; surviving parents; or surviving siblings or nieces and nephews.
What evidence is needed to support a wrongful death claim?
To prove a wrongful death claim, it has to be shown that the defendant owed the victim a certain duty of care, and they breached that duty through negligent, reckless or deliberate actions. It also must be shown that the breach of duty led to the victim’s death, and their death resulted in losses (damages). Generally, each element is supported by evidence like medical records, photographic evidence, witness statements, expert testimony and more.
How long do I have to file a wrongful death claim in New Jersey?
Per N.J. Stat. § 2A:31-3, a wrongful death lawsuit must be filed within two years after the victim’s death. This is called the statute of limitations. If you exceed this time limit, you are permanently barred from making any compensation claims.
What compensation may be available to me and my family?
Even though the estate’s executor or personal representative must file the wrongful death claim, any damages awarded will go to the deceased’s dependents and survivors. Typically, compensation can include such things as the medical expenses incurred by the deceased between the accident and their death, reasonable funeral and burial expenses, the value of the deceased’s financial or in-kind services and the value of their lost support and companionship to their survivors.
Learn More From Our Caring Team In A Free Consultation
Laufer, Dalena, Jensen, Bradley & Doran, LLC, is the firm that provides assertive yet compassionate legal services when you need them the most. To discuss filing a wrongful death claim, please contact our Morristown law office.