New Jersey Wrongful Death FAQ
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.
Levinson Axelrod, P.A. has fought for victims since 1939. We are passionate about helping clients seek compensation for their damages and experienced in handling high-stakes claims. Contact us to request a FREE consultation.
Do I Have a 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 Statute of Limitations?
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.
How Do Damages Work in Wrongful Death Cases?
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Why Trust Levinson Axelrod, P.A.?
- We have recovered more than $1 billion in compensation for clients.
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*Results may vary depending on your particular facts and legal circumstances.
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A 36-year-old Parsippany man died in a motor vehicle accident in Pennsylvania when a bus driver lost control of his bus and collided with the rear end of a tractor-trailer.
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