Unfortunately, negligent and criminal acts rob lives every day in New Jersey. Whether it was a car accident, medical malpractice, or an act of violence, our lawyers can help you file a wrongful death lawsuit against the person who took your loved one’s life.
Someone is responsible for the death of another person if their negligence or wrongful conduct caused it. However, surviving family members do not have a right to file these claims, but must be brought by the deceased’s personal representative. If there is no representative yet, we can help get you appointed or involved with the process of selecting one. Most importantly, we can explain what compensation you might be entitled to, the damages the estate can claim for the victim’s harm, and how these proceeds are divided.
For a private and free case review today with our wrongful death attorneys in New Jersey, call Agrapidis & Maroules, P.C. at (201) 777-1111.
How is Wrongful Death Defined in New Jersey?
When someone causes the death of a person, they might be charged with a crime. Many wrongful deaths are caused by negligence in an accident or recklessness when a person does not intend to kill but should know that there is a high probability of death from their misconduct. Regardless of whether they can be charged criminally for their behavior, they can be held liable in a wrongful death lawsuit.
Wrongful death cases come under N.J.S.A. § 2A:31-1 when neglect, a wrongful act, or the failure to prevent death from occurring (when there was an obligation to do so) causes the passing of another person, which would have given them the right to file a legal action for damages had they not died. Essentially, if the victim would have had a right to file a lawsuit had they survived their injuries, the victim’s heirs can sue for their own damages instead.
However, that definition still leaves many questions for surviving family members considering filing a wrongful death claim. What types of accidents are wrongful deaths filed over? Which person actually has the right to file a claim? Who recovers the proceeds, and how are they divided amongst the beneficiaries?
Our NJ wrongful death attorneys can review your case and determine what damages you and other family members can claim, as well as the potential compensation for your lost loved one’s damages. Two types of claims arise when someone causes a wrongful death. A “wrongful death” action is for the deceased’s heirs’ losses. A “survival” action is filed on behalf of the deceased by their executor to recover damages that the victim could sue for if they were living, which go to their estate rather than directly to the heirs, according to § 2A:15-3. Our team can explain how these claims are filed and guide you throughout the process so that you, other heirs, and your loved one’s estate have their interests protected.
When Can You Sue for Wrongful Death in NJ?
Several situations can give rise to a wrongful death that would entitle certain surviving family members to recover compensation for the damages that losing their loved one has caused. Car accidents are arguably the most prevalent causes, but dangerous products and medical malpractice are also responsible for numerous wrongful deaths in NJ. Fatalities can also occur at a victim’s workplace from an employer’s intentional wrongdoing or residential property, like in an apartment without smoke detectors. Other wrongful deaths are intentional, like most homicides.
These lawsuits are some of the most challenging claims filed, so it is best to consult our team as soon as you are able. § 2A:31-3 only provides two years from the date a loved one passed to file a wrongful death action. Survival claims must also be filed within two years of the victim’s death, per § 2A:15-3(b). This limitations period will generally apply to most wrongful deaths caused by negligence. However, a lawsuit can be filed at any time if the defendant in your civil lawsuit was convicted, adjudicated delinquent, or found not guilty by reason of insanity of murder, manslaughter, or aggravated manslaughter.
Motor Vehicle Deaths
Each year, hundreds of people are killed in vehicle accidents across New Jersey. Many of these accidents are the result of ordinary negligence, like speeding and running red lights. Drivers and passengers are not the only ones killed by negligent drivers, as numerous pedestrians also lose their lives in fatal vehicle accidents.
Drivers under the influence of alcohol or drugs cause many of these wrongful deaths. When our team investigates your case, we will determine whether a licensed alcohol server contributed to the incident and name them as a defendant. Under § 2A:22A-5, NJ’s “dram shop” law, a licensed bar/restaurant can typically be sued for negligently serving alcohol to a person who was visibly intoxicated or a minor.
Deaths Caused by Dangerous Products
Defective and dangerous products are also a common cause of wrongful deaths. Some products are designed or manufactured negligently, like a faulty cell phone that electrocutes a person. Other products are inherently dangerous but can be used safely if they include the proper warning labels and instructions, such as prescription medications. Our team can gather evidence to determine the cause of the flaw and pursue compensation from the liable parties.
Deaths on Another Person’s Property
Many other wrongful deaths occur on property owned by someone other than the deceased. Perhaps the victim slipped and fell because the property owner left a dangerous condition on the property, like missing handrails on a flight of stairs. Or, a landlord or an apartment management company might have failed to install smoke detectors or ensure that they function. We will usually sue the property owner but will add any other parties responsible for the premise’s safety.
Deaths from Medical Malpractice
While most healthcare providers take their responsibilities seriously, some do not live up to their duty. When a doctor fails to provide their patient the care that is in line with other similarly experienced and educated physicians, wrongful deaths can easily happen. Emergency room doctors might have overlooked life-saving procedures because they ignored your loved one. Other physicians kill their patients because they miss a critical diagnosis that they should have made or prescribe them medications that the patient is allergic to, or in levels that are too high.
A treating physician might not be the only provider who contributed to the death. Nurses, anesthesiologists, and many others are responsible for patients and should be held accountable when they act below their standard of care.
Homicide
Many people think homicides are only punished in criminal court, but surviving family members can also sue them in civil court for wrongful death damages. The victim might have been intentionally murdered, such as being shot in a road rage incident. Our team can likely also file a claim against defendants charged with manslaughter and other unintentional homicides, like wanton and reckless driving in an illegal street race.
Who Can File a Wrongful Death Claim in New Jersey?
Some states permit close surviving family members, like spouses, parents, and children, to file a wrongful death lawsuit, but not New Jersey. Here, only the personal representative of the deceased’s estate, sometimes referred to as the “executor,” is allowed to file a claim on behalf of the victim’s beneficiaries, as per § 2A:31-2(a). The same executor also files the survival action on behalf of the deceased estate under § 2A:15-3(a)(1).
In most cases where the deceased left a will, the personal representative will be named in it. They are usually someone close to the person making the will, like their spouse or sibling. However, it does not have to be a family member. The personal representative can be anyone that the deceased trusted enough to manage their estate.
Many wrongful death cases involve victims taken too early, so it is common that a will was not made beforehand and no personal representative was named. In these situations, courts will choose someone to act as the executor, usually a person of close relation, like those mentioned above. Our lawyers can help argue for your appointment as the personal representative of your loved one’s estate if you so choose.
Keep in mind that the personal representative does not recover compensation for themselves but for the victim’s beneficiaries and estate unless, of course, they also happen to be a beneficiary.
How Are Proceeds of a Wrongful Death Judgment Divided in New Jersey?
The proceeds of a wrongful death judgment are divided differently since two types of actions are typically filed in a wrongful death lawsuit. A wrongful death action is intended to compensate the victim’s family for their pecuniary losses. In contrast, a survival action is filed to recover damages that the deceased sustained during the accident and before passing. Each claim follows different legal procedures to distribute the proceeds to those entitled to recover compensation.
Wrongful Death Claim Damages
In a wrongful death claim, surviving family members can recover damages for their financial losses, including medical, hospital, and funeral expenses incurred for putting their loved one to rest, according to § 2A:31-5. Under this provision, the judge or jury can also award economic damages that they deem just and fair for other pecuniary losses resulting from the wrongful death, such as the deceased’s lost income and lost services to the family, like housework, childcare, parental guidance, and others.
The proceeds from a wrongful death claim will be distributed directly to the family members entitled to recover compensation. However, the amount each beneficiary gets depends on who is claiming damages. Under § 2A:31-4, surviving spouses and descendants will receive equal portions of the recovery. Still, if others were dependent on the deceased when they died, each party would receive an equitable and fair portion as determined by the judge in the case.
What is considered a “fair and equitable” amount depends on several factors. Among them, the court can take into account the dependents’ age, their mental and physical condition, the desire or necessity of providing funds for educational expenses, their financial status, and the availability of other means of present and future support. The court is not limited to these issues and can consider any relevant factors that will help determine a fair and equitable distribution of the claim’s proceeds.
Survival Action Damages
The survival action is intended to compensate for the damages the deceased suffered in the incident. The victim’s right to file a lawsuit does not end with their passing but survives to the estate, which can pursue damages in this action, according to § 2A:15-3(a)(1).
As such, the executor can recover several forms of compensation on behalf of the deceased, including medical expenses for life-saving treatment, hospitalization costs if they did not pass immediately, and lost income. Non-economic damages for a victim’s pain and suffering during the accident and before they died can also be recovered in a survival action, which usually includes compensation for their emotional distress and reduced quality of life before succumbing.
Unlike the wrongful death claim’s proceeds, which are paid directly to those legally entitled, compensation from the survival action is awarded to the deceased’s estate. The personal representative will then distribute these proceeds to those designated in the victim’s will. If no will was left, a judge will distribute the compensation to the deceased’s heirs based on the state’s intestacy laws.
How much of the proceeds a particular family member gets depends on their relationship and other family members left behind. Surviving spouses, including domestic and civil union partners, will get the entire amount of compensation if the deceased had no children or surviving parents, according to § 3B:5-3(a). Spouses will also get the entire amount if they are still caring for their and the deceased’s children, and those shared children are their only children. If the deceased had a spouse and surviving parent but no children, the spouse would get the first 25% of the estate plus three-fourths of the estate’s balance under § 3B:5-3(b). When either the deceased or their spouse has other children not shared with the spouse, the spouse still receives the first 25% of their estate but only one-half of the balance, as per § 3B:5-3(c).
Other family members might also be able to recover compensation from the remaining share of the estate based on their relationship to the deceased. If you are the sibling, grandparent, or stepchild of someone wrongfully taken, our team can determine your right to the claim’s proceeds.
Call Our Wrongful Death Attorneys in NJ for Support in Recovering Compensation During this Difficult Time
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free, confidential case review with our NJ personal injury lawyers.