Who Can File a Wrongful Death Lawsuit?

In New Jersey, a "wrongful death" is legally defined as a death "caused by a wrongful act, neglect, or default." (N.J. Stat. § 2A:31-1 (2021).) In simple terms, a wrongful death lawsuit in Jersey City is a personal injury claim where the injured person is no longer around to file the case themselves, so someone else must do it for them.

Who Can File a Wrongful Death Lawsuit in New Jersey?

Unlike some states where immediate family members (like spouses and children) can file a lawsuit directly, New Jersey requires a wrongful death claim to be filed by the personal representative of the deceased’s estate.

This person is often named in the deceased’s will as the executor. If there is no will, the court will appoint an administrator. This person is responsible for filing the lawsuit on behalf of the deceased’s family.

Even though only the personal representative can file the lawsuit, the damages awarded go to the deceased’s survivors. The law outlines exactly who is eligible to receive compensation, with priority given in the following order:

1. The surviving spouse and children – If the deceased was married or had children, they are the first in line to receive compensation.
2. Surviving parents – If the deceased had no spouse or children, the parents of the deceased are next in line.
3. Siblings, nieces, and nephews – If there are no surviving spouses, children, or parents, the deceased’s extended family members, such as siblings or their children, may be eligible for compensation.

It is important to note that being related to the deceased is not enough on its own. New Jersey law requires that beneficiaries must have been financially dependent on the deceased. This means that if a distant relative tries to claim damages but cannot prove financial reliance, they are unlikely to receive any compensation.

How Long Do You Have to File a Wrongful Death Lawsuit in New Jersey?

Like all legal claims, wrongful death lawsuits in New Jersey must be filed within a certain timeframe. This is called the statute of limitations. In most cases, a wrongful death lawsuit must be filed within two years from the date of the person’s death. If the claim is not filed within this period, the court will likely refuse to hear the case.

However, there is one major exception: If the death was caused by murder, aggravated murder, or manslaughter, and the person responsible was convicted, found not guilty by reason of insanity, or adjudicated delinquent, there is no time limit on filing a wrongful death lawsuit in New Jersey.

Conclusion

New Jersey’s wrongful death laws exist to help families get financial compensation for their loss, but the rules about who can file and who can receive damages are specific.

If you believe you have a wrongful death case, it’s best to consult with an experienced attorney to understand your rights and options. Experienced wrongful death lawyers can guide you throughout the claims process and secure fair compensation for you.