Losing a loved one in an accident or as a result of someone’s intentional or criminal act is a traumatic, life-changing experience. In the wake of such a tragedy, you may not have the emotional and personal capacity to seek justice through either a Wrongful Death or Survivorship action, but it’s important to remember that along with the person’s estate, you and your family members may also have certain legal rights.

Wrongful Death and Survivorship actions look to hold responsible parties accountable for their negligent actions and to provide some measure of solace for the family members left behind. At Levinson Axelrod, we are proud to fight for the justice that your lost loved one deserves and help discourage similar tragedies form occurring again in the future. Call us today to speak with a wrongful death lawyer in New Jersey.

What Is a Wrongful Death Claim and How Does it Compare to a Survivorship Action?

A Wrongful Death case is a claim brought by the decedent’s heirs for their economic or pecuniary damages that they have suffered as a result of the accident victim’s death.  These damages can include things like loss of financial and/or emotional support, as well as the loss of guidance, companionship or services.  A Survivorship case, on the other hand, is a claim brought on behalf of the decedent’s estate, and includes all of the economic and non-economic claims that the decedent would have been able to bring, had they survived.  These include things like conscious pain and suffering. While the laws of New Jersey distinguish between these two different types of cases, and who can legally bring them, both types of claims are often brought following a fatal accident. These claims are civil in nature, meaning that they seek the recovery of financial damages in order to attempt to compensate family members for their losses.     

While fatal accidents can occur in various situations, these are some of the most common ones we see as New Jersey wrongful death lawyers:

• Car accidents caused by drunk or distracted driving
• Medical malpractice
• Workplace accidents or exposure to hazardous materials
• Defective products or drugs
• Medical Malpractice and Nursing Home neglect or abuse

In these cases, the both the decedent’s estate and the surviving family members may have the right to file a wrongful death personal injury lawsuit against the responsible party to be financially compensated for this gut-wrenching loss.

Who Can File a Wrongful Death Claim?

Each state has specific laws regarding who can file a wrongful death claim. In New Jersey, eligible parties include:

• The spouse of the deceased
• Children of the deceased, including adopted children
• Parents of the deceased, including adoptive parents
• Siblings of the deceased who were dependent on them for support

The process for selecting who is eligible to bring claims on behalf of the decedent’s estate and/or their family members differs depending on whether or not the deceased person had a Will.  In certain situations, representatives may have to be appointed as the Administrator Ad Prosequendum and/or General Administrator by the County Surrogate’s Office. As this process can be somewhat complicated, it is often times helpful to have legal assistance in doing so.     

Step-By-Step Process of Wrongful Death and Survivorship Cases

Wrongful Death and Survivorship claims can be extremely complicated, and it may be in your best interest to proceed with the representation of an attorney if you believe you have a claim. While every case is different, here are some of the steps that occur in New Jersey Wrongful Death and Survivorship claims.

• Retaining a Lawyer - The first step is to hire an experienced attorney who has previously handled these types of cases.  During your initial meeting, the attorney will discuss and assess your case’s viability.
• Investigation - As your New Jersey lawyers, we will conduct a thorough investigation to gather evidence and determine who was responsible for causing the accident.  This usually involves obtaining and reviewing medical records, accident reports, witness statements and talking to expert witnesses, if necessary.
• Claim Preparation and Filing - Once our investigation is complete, Levinson Axelrod will draft a comprehensive legal pleading outlining the negligent actions of the responsible party and the damages suffered by the decedent and/or their family members. The claim then gets filed with the appropriate Court.
• Negotiation and Settlement - In some cases, the responsible party's insurance company will attempt to settle the claim before going to trial. As your wrongful death attorney, we will negotiate with the insurance company to ensure that you receive fair compensation for your loss.
• Litigation and Trial - If a just settlement cannot be reached through negotiation, we will ty the case before a jury. This means finding additional evidence, preparing arguments, and preparing witnesses.
• Judgment and Appeals - If the case goes to trial, the jury will render a verdict based upon the evidence presented. If either party is dissatisfied with the judgment, they may file an Appeal.
• Obtain Compensation - If the claim is successful, you and your family will receive financial compensation for your damages, which can include medical expenses, funeral costs, loss of income, loss of companionship, and pain and suffering.

New Jersey Wrongful Death FAQs

As experienced Wrongful Death and Survivorship action attorneys in New Jersey, these are some of the most common questions we hear from people grieving the negligent death of a loved one:

Can I file a wrongful death claim if the responsible party was not convicted of a crime?

Yes, Wrongful Death and Survivorship claims are civil remedy separate and distinct from any criminal charges that may or may not be filed. The person who caused the accident need not be charged or found guilty of a criminal offense in order for the victims’ estate and/or family members to be eligible to bring a civil claim.  

What is the time limit for filing a wrongful death claim in New Jersey?

In the State of New Jersey, the Statute of Limitations for filing a death claim is usually two years from the date of the accident.  That time frame may be considerably shorter, however, in cases involving State, County or Municipal entities.  As a result, we strongly recommend speaking with an attorney as soon as possible in order to ensure that your claim is filed within the required time frame.

What damages can I recover?

The damages (legal losses) that can be recovered in a Wrongful Death and Survivorship claims can vary depending on the specific circumstances of each case. Again, the Estate and eligible family members can demand, as applicable, to be reimbursed for things like medical expenses, funeral costs, loss of income, loss of companionship, and pain and suffering.

What if the deceased did not have a Will?

If your loved one had a Will, then the Executor or Executrix may bring both the Wrongful Death and Survivorship claims.  If the decedent did not have a Will, then someone will need to be appointed as the Administrator Ad Prosequendum in order to bring the Wrongful Death claim and as the General Administrator to bring the Survivorship action.  The failure to do so properly may result in the dismissal of one or both of these claims.  As a result, you are strongly encouraged to speak to an experienced lawyer for guidance on how to do so properly.

Can multiple family members file separate claims?

Normally, one lawsuit is filed on behalf of both the decedent’s estate in the Survivorship Action and the various family members in the Wrongful Death case.  Your attorney will help you strategize as to the best approach for your unique case.

How long does it take to resolve Wrongful Death or Survivorship claims?

Unfortunately, the timeline can vary significantly depending on various factors, including the nature and complexity of the case, the causal connection between the accident and the injuries suffered, as well as the Court's trial schedule. Try to have realistic expectations and mentally prepare for the long haul. Again, your lawyer can provide you with a more specific timeline based upon the specifics of your case.

Contact a New Jersey Wrongful Death Lawyer Today

If you lost a loved one due to someone else's negligence, reach out to the aggressive New Jersey Wrongful Death and Survivorship attorneys at Levinson Axelrod. Our dedicated legal team looks forward to helping families find justice and securing the financial compensation they are legally entitled to and deserve. To set up a free legal consultation and case review, please contact us now.