Few things are as devastating as losing a loved one to another person’s actions. When the unthinkable occurs, you can turn to our attorneys for help recovering compensation in a wrongful death claim.
New Jersey allows certain surviving family members and loved ones to be compensated for the losses caused by the actions of others. However, these cases are often complex and do not operate like typical personal injury lawsuits. Our lawyers can guide you from the start of your case to the distribution of your benefits. For instance, we can explain who is allowed to file your claim, how the proceeds will likely be distributed, and how long you have to file your claim.
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free consultation and case analysis with our wrongful death lawyers.
How Wrongful Death Lawsuits Work in New Jersey
When someone loses their life because of another person’s actions, surviving loved ones can recover compensation in a wrongful death claim. However, these lawsuits are challenging, given New Jersey’s legal structure for wrongful death cases. Fortunately, our wrongful death attorneys can determine if you are entitled to recover damages and help you navigate each stage of the case. Our team can explain who is allowed to file a claim and who can collect the award, under the New Jersey law. We can also assess the likely damages, so you have an idea of what should be claimed.
Defining Wrongful Death
To file a wrongful death claim, the victim must have been the victim of a wrongful act or neglect, according to N.J.S.A. § 2A:31-1. Basically, if the act would have been enough to give the victim the right to file a personal injury lawsuit had they survived, it would be considered “wrongful.”
Negligence is the most common type of wrongful act. When people fail to use reasonable care or violate certain laws, deadly accidents can happen. For instance, driver negligence is the cause of most car accidents and a leading cause of death across the country.
New Jersey’s definition of wrongful death is broad and also covers deaths from deliberate actions. Therefore, we can file a civil claim separate from a criminal prosecution for someone’s intentional actions resulting in the death of another.
Types of Wrongful Death Claims
There are two types of claims that can be filed on behalf of grieving families for wrongful death in New Jersey. One claim is for the family’s “pecuniary” damages. According to § 2A:31-5, surviving family members entitled to recover damages can claim financial losses, including medical and hospital bills, lost wages, and funeral expenses for the deceased. However, it does not allow for the recovery of non-economic damages, like the family’s pain and suffering.
The other claim is known as a “survival” action. It is so named because it represents the victim’s legal claim for damages that survives them, as per § 2A:15-3(a)(1). Essentially, this is the personal injury claim that would be made in a typical accident without fatalities. In a survival action, a claim can be made for the deceased’s medical expenses, lost wages, and pain and suffering before death. If the victim was hospitalized before succumbing to their injuries, the compensation claimed in a survival action will likely be significant. Funeral and burial expenses can also be claimed.
Who is Entitled to Make the Claims?
It might come as a surprise, but surviving family members are not the ones legally entitled to file a wrongful death lawsuit. Instead, the executor of the deceased’s estate is the one who will file the lawsuit, according to § 2A:31-2(a). The executor or “personal representative” represents the deceased’s interests and oversees the estate. The executor is named in the deceased’s will or is otherwise appointed in court.
However, the executor is not the recipient of the compensation. Some of the damages will go directly to the family of the decedent. In contrast, survival action damages will go to the estate to be distributed along with the rest of the estate according to the will or New Jersey’s intestacy laws.
This does not mean the family of the decedent does not play a role in the case. Of course, you could be the executor and in need of legal support. If not, our lawyers can represent your interests with the executor of the estate so that you know what is happening as the case progresses. We can also prepare you to take the stand as a witness, if necessary, or argue for your appointment as executor, depending on the circumstances.
Who is Entitled to Recover Damages?
As mentioned above, the executor files the claim, but the compensation goes to the people entitled to get the deceased’s property under § 2A:31-4. If the deceased had a spouse or surviving descendants, they would get equal portions of the recovery even if others could possibly be beneficiaries. However, individuals dependent on the deceased at the time of their death might also be entitled to compensation.
Once the beneficiaries have been determined for the pecuniary damages, the judge is entitled to apportion the amount recovered in the claim in a manner it finds fair and equitable regardless of a will or intestacy laws. To do this, the court can consider the dependents’ age, mental and physical condition, financial situation and means of support, and any other factor the court thinks will help make its determination.
On the other hand, survival damages will be subject to the deceased’s will. If there was no will, the benefits would be distributed according to New Jersey’s intestacy laws under § 3B:5-3 and § 3B:5-4. This means the compensation might go to surviving spouse, children, parents, siblings, and certain others who depended financially on the deceased. How much compensation you personally receieve will depend on what other family was left behind.
Statute of Limitations on Wrongful Death Claims
Unfortunately, New Jersey does not offer unlimited time to file these challenging cases. In most cases, executors will only have two years from the date of the victim’s death to file their wrongful death claims and survival actions, according to § 2A:31-3 and § 2A:15-3(b).
However, if the death was caused by an act of murder or manslaughter that the defendant has been convicted of, no time limit will be placed on the right to file a lawsuit.
Our New Jersey Wrongful Death Attorneys Can Help You Get Justice for Your Loss
To get a free case review, contact our wrongful death attorneys at Agrapidis & Maroules, P.C. by calling (201) 777-1111.