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Wrongful death and catastrophic injury
New Jersey allows both the Estate of the deceased and members of the victim's family to bring claims arising out of the decedent's preventable death. A Survivorship Claim is a claim for the damages suffered by the decedent's Estate, which include the financial and non-financial damages that the decedent would have been able to bring, had he or she survived. A wrongful Death Case is a separate claim brought by the decedent's heirs for the losses that they have suffered as a result of the victim's death. As the laws concerning these different types of claims can be fairly complicated, it is important that your attorney is experienced in handling these types of cases.
If you are interested in learning more about the legal rights of both the deceased accident victim, as well as their surviving family members, our New Jersey wrongful death lawyers at Levinson Axelrod, P.A. are here to help.
Levinson Axelrod, P.A. is one of New Jersey’s premier personal injury practices. We have decades of experience guiding families through Wrongful Death lawsuits and Survivorship Actions, as well as assisting them in achieving justice following catastrophic and disabling accidents.
types of wrongful death and catastrophic injury cases
Wrongful Death and Survivorship Claims
Spinal Cord Injuries
Surgery and Total Disability
Burn Injuries
Paralysis
How Do Damages Work in NJ Wrongful Death Cases?
Wrongful death cases in New Jersey can provide financial compensation to a decedent’s surviving family.
While wrongful death cases may involve more than one civil claim arising from a person’s death, these claims address different types of damages and are handled as part of the same case.
As outlined in the New Jersey Wrongful Death Act and Survival Statute, these claims can include:
- A wrongful death action, which entitles a victim’s surviving family to compensation for economic losses arising from their death.
- A survival action, which provides for the recovery of damages a decedent would have been entitled to had they survived (i.e. losses incurred after an accident and prior to death).
- A claim for negligent infliction of emotional distress, which is brought as a separate cause of action to recover damages for the emotional damages suffered by surviving spouses / family.
Recoverable damages in a wrongful death case include:
- Lost financial support
- Burial and funeral expenses
- The monetary value of a decedent’s household services
- Loss of guidance, education, and nurturing
- Any medical bills, pain and suffering, or lost wages prior to death
- Emotional suffering of survivors
FAQs
Who Can File a Wrongful Death Lawsuit New Jersey?
New Jersey’s Wrongful Death Act requires wrongful death actions to be brought by a personal representative for the victim’s surviving family members. A representative may be an executor named in the victim’s will, or a person appointed by a probate court to serve as the estate’s administrator.
To be entitled to a recovery of damages obtained through wrongful death actions, survivors will need to establish “actual dependency” upon the decedent or be a qualified survivor under New Jersey’s intestate laws. This means the following parties may be eligible to recover:
- Surviving spouse and children.
- Surviving parents, if there is no surviving spouse or children.
- Surviving siblings or other relatives, if there are no surviving parents.
Do I Have a Wrongful Death Case?
It depends. Unfortunately, not every death is grounds for legal action. In New Jersey, surviving family members who wish to pursue a wrongful death lawsuit must meet a few essential legal elements.
While you should always have a qualified attorney review the viability of your claim based on specific facts, you may have a case if the following can be proven:
- A duty of care was owed to the decedent by the defendant.
- The defendant was negligent in breaching the duty of care .
- The defendant’s negligence was more likely than not the cause of death.
- The decedent and your family suffered damages as a result.
What is the NJ Statute of Limitations for Wrongful Death?
Wrongful death lawsuits in New Jersey are subject to a statute of limitations – a legal deadline by which claims must be filed. If a statute of limitations expires, no claim for compensation can be brought.
For most wrongful death cases, the statute of limitations is 2 years. However, statute of limitations may be different under certain circumstances, such as the death of a minor, or a death arising from an illness or injury for which an underlying negligent cause was not immediately discovered.
Because determining the correct statute of limitations in your case is a fact-specific task, our attorneys at Levinson Axelrod are available to provide a personalized evaluation. We also encourage families to bring claims to the attention of a lawyer as soon as possible – both to ensure time for needed investigations and to avoid issues with the statute of limitations.
Why CHOOSE Levinson Axelrod, P.A.?
- We have recovered more than $1 billion in compensation for clients.
- We’re named among U.S. News – Best Lawyers “Best Law Firms”.
- We have Certified Civil Trial and Workers' Compensation Specialists on staff.
- Our award-winning attorneys and staff care about our clients.
*Results may vary depending on your particular facts and legal circumstances.
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