Under New Jersey’s Wrongful Death Act, money in a wrongful death lawsuit is distributed to surviving family members who would inherit under intestacy law. The court determines each person's share based on their financial dependency on the deceased. Spouses and children typically come first, followed by parents and other relatives. The process is more complex than many families expect, and the results can vary significantly. A New Jersey wrongful death attorney at The Cassidy Law Firm can guide your family through the legal process and fight for the compensation you deserve.
How are Wrongful Death Damages Distributed in New Jersey?
In New Jersey, wrongful death damages do not go to just one family member by default. The amount recovered is for the exclusive benefit of persons entitled to take intestate personal property of the decedent. The compensation is distributed based on financial dependency and New Jersey's intestacy laws, with only those who suffered financial losses due to the death entitled to a share of the recovery.
Although the estate's personal representative must file the wrongful death lawsuit, any damages go to the deceased person's survivors. New Jersey law states that the following family members can receive damages:
The surviving spouse and children or grandchildren. Among family members, the surviving spouse or children come first.
If there is no surviving spouse or child, the surviving parents inherit.
If there are no surviving parents, siblings, nieces, or nephews can receive damages.
Damages for wrongful death are dispersed among the decedent's heirs, but not necessarily equally. Each beneficiary receives compensation in proportion to what a judge decides. Judges consider several factors, including the person’s needs, dependency, and other considerations such as age, finances, and physical or mental health.
What Damages Can Surviving Family Members Recover?
New Jersey takes a unique approach to wrongful death damages compared to many other states. New Jersey's wrongful death law only allows family members to seek compensation for actual financial losses, called "pecuniary damages," meaning that emotional damages in a wrongful death claim are not awarded to the surviving family. This is an important distinction that surprises many families during the claims process.
Recoverable damages under the Wrongful Death Act typically include:
Loss of financial support based on the income the deceased would have earned
Medical expenses incurred before the death
Funeral and burial costs that are reasonable and documented
Loss of household services such as childcare, household maintenance, and guidance
Loss of companionship and parental guidance, valued in financial terms
New Jersey does not allow punitive damages to be awarded for wrongful death claims. However, under a survival claim, the decedent's estate may recover compensation for pain and suffering, medical expenses, lost wages, funeral and burial expenses, as well as punitive damages in some cases . These two types of claims are often filed together in a single lawsuit, which is why working with an experienced attorney matters.
Wrongful Death Claims vs. Survival Actions in New Jersey
Families pursuing compensation after a loved one's death in New Jersey should understand that two distinct legal claims may apply. New Jersey allows for two different types of claims when someone dies as a result of the negligence, recklessness, or other wrongful conduct of someone else: wrongful death claims and survival claims. These claims are typically filed together in one lawsuit.
The key differences are:
Unlike survivorship claims, wrongful death awards belong to the heirs.
The damages recoverable under the Survival Act are for the decedent's conscious pain and suffering, with New Jersey limiting recovery to the pain and suffering experienced from the time of the alleged negligence until the time of death.
If damages are recovered in a survival action, they are given to the deceased's estate, and it is important to note that creditors can come after the estate for payment of a debt. Wrongful death proceeds, by contrast, go directly to qualified beneficiaries and are generally protected from the decedent's creditors.
Frequently Asked Questions About Wrongful Death Lawsuits in New Jersey
What Is the Deadline to File a Wrongful Death Lawsuit?
The statute of limitations that applies to most wrongful death lawsuits sets a filing deadline of two years from the date of the death. If the claim is not filed within that two-year window, it will almost certainly be barred from court entirely.
There are limited exceptions. New Jersey has no statute of limitations for a wrongful death claim against the perpetrator if the deceased was the victim of murder, aggravated manslaughter, or manslaughter and the perpetrator was convicted.
Does Comparative Negligence Apply in Wrongful Death Claims?
New Jersey follows a modified comparative negligence rule under N.J.S.A. 2A:15-5.1, which can impact a wrongful death claim if the deceased was partially responsible for the incident. A plaintiff can recover damages only if the deceased was 50% or less at fault. If the deceased's level of fault exceeds 50%, the estate and beneficiaries are barred from receiving compensation. If the deceased was less than 51% at fault, the total damages awarded are reduced by their percentage of negligence.
Who Can File a Wrongful Death Lawsuit in New Jersey?
Only the personal representative (executor or administrator) of the deceased person's estate has the legal authority to file a wrongful death lawsuit. This differs significantly from other states where immediate family members can file such claims directly.
The personal representative is typically the person named as executor in the deceased's will, an administrator appointed by the court if the deceased died without a will, or a family member who petitions the court to serve as administrator if no will exists. Even though the personal representative files the case, they do so on behalf of the deceased's beneficiaries.
Talk to a New Jersey Wrongful Death Attorney at The Cassidy Law Firm
Losing a family member to someone else's negligence is devastating. Understanding who qualifies for compensation and how New Jersey divides wrongful death damages can help your family take the right legal steps during an incredibly difficult time. The Cassidy Law Firm has served Monmouth County and New Jersey families for over 40 years, and we are ready to help you pursue the justice your loved one deserves. Contact us today for a free consultation.