No amount of money replaces a person. We say that to every family we sit down with because it's true and because we don't want to pretend otherwise. What a wrongful death claim can do is provide financial stability and hold the responsible party accountable.
Who Can File
In New Jersey, wrongful death claims must be filed by the personal representative of the deceased person's estate. This is typically the executor or administrator appointed by the Surrogate's Court. The claim is brought on behalf of surviving dependents: spouse, children, or next of kin. The governing statute (N.J.S.A. 2A:31-1) is published on the New Jersey Legislature website if you want to read the actual law.
What You Can Recover
The damages are based on the losses suffered by the survivors: lost financial support, loss of companionship and guidance, funeral and burial expenses, and medical bills from the final injury or illness before death.
New Jersey also has a separate survival action for the deceased person's own suffering between the time of injury and death. These are two different claims that run in parallel.
Statute of Limitations
You have two years from the date of death to file a wrongful death claim in New Jersey. Getting legal advice early is important because evidence collection and expert retention take time.
Common Causes
Car and truck accidents, medical errors, workplace incidents, defective products, and criminal acts where a property owner failed to provide adequate security.