Losing a loved one is always a tragic event, and it can be even more devastating when the death is caused by someone else’s negligence or wrongful actions. In New Jersey, wrongful death statutes provide a legal framework for families to seek justice and compensation. At Eichen Crutchlow Zaslow, we’re here to help your family seek justice; we’ll fight the legal battle for you. You shouldn’t have to worry about understanding the ins and outs of wrongful death statutes and the legal process, but it helps to have at least a basic understanding so that you know what to expect. 

Find out more about wrongful death lawsuits and the New Jersey laws behind them. 

What Defines a Wrongful Death in New Jersey? 

A wrongful death in New Jersey is defined as a death caused by a wrongful act, neglect, or default of another person or entity. Essentially, a death is considered “wrongful” when, if the victim had survived, they would have been entitled to file a personal injury lawsuit for the injuries they sustained. 

To succeed in a wrongful death claim, the plaintiff must prove that the defendant’s negligent or intentional actions directly caused the death. This involves demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and that the breach was the proximate cause of the death. 

There are a few elements that must be proven in a wrongful death case:  

• There Must Have Been Negligence or Wrongful Act: in other words, the death must be a result of another party’s negligent or intentional actions. 
• Causation Must Be Established: a direct link between the wrongful act and the death must be made. 
• There Must be Survivorship: the victim must have surviving family members who have suffered a financial loss due to the death. Family members can include spouses, children, siblings, parents, or other family member who may have been financially reliant on the victim 

Understanding the New Jersey Statutes that Govern Wrongful Death Lawsuits 

The New Jersey Wrongful Death Act is the primary statute governing wrongful death lawsuits in New Jersey. This law (N.J.S.A. 2A:31-1 et seq.) allows certain family members to file a claim for damages resulting from the wrongful death. 

Additionally, the New Jersey Survivor’s Act (N.J.S.A. 2A:15-3) allows for the estate of the deceased to seek damages that the deceased could have recovered if they had survived. There have also been expansions to the law that allow for the recovery of damages related to mental anguish, emotional pain and suffering, loss of society and loss of companionship. 

How to File a Wrongful Death Claim in New Jersey 

In New Jersey, the wrongful death claim must be filed by the executor or administrator of the deceased’s estate. The damages recovered are then distributed among the surviving family members, including spouses, children, parents, and other dependents. 

The statute of limitations for filing a wrongful death lawsuit in New Jersey is generally two years from the date of death. Failing to file within this period typically results in the loss of the right to sue. 

If you are looking to file a wrongful death lawsuit in New Jersey, you may need to:  

• Appoint an Executor: in New Jersey, wrongful death lawsuits can only be brought by the personal executor of the deceased person’s estate. If one is not already appointed, the court may designate an executor or administrator of the estate. 
• Gather Documentation: collect evidence, including medical records, accident reports, and witness statements. Your attorneys will take the lead on everything you need, but you may be required to provide some information that only you can obtain. 
• Filing a Case: your attorney will draft and file a complaint in the appropriate New Jersey court, outlining the details of the wrongful death claim and the damages sought. 

Will I Have to Go to Court? 

Many wrongful death cases are settled out of court through negotiations between the parties. A settlement can provide a quicker resolution and reduce the emotional toll on the family. Do not hastily accept a first offer of settlement without contacting a wrongful death attorney. You may be entitled to more money. If a settlement cannot be reached, our team will be prepared to go to court for you. 

Get Justice for You and Your Family  

While the process can be complex, working with our team at Eichen Crutchlow Zaslow can help you secure the compensation your family deserves. We fought for our clients, helping secure more than a billion dollars in verdicts and settlements over decades of legal representation in New Jersey. If you believe you have a wrongful death case, contact our team to discuss your options and get the support you need during this difficult time.