The Legal Process of Claiming Compensation for Wrongful Death
The unexpected loss of a loved one can devastate anyone, but when their death results from someone else's negligence or wrongful act, you deserve justice. No amount of money can make up for the loss of their life, but a wrongful death claim can provide financial stability and a sense of closure for you and your family.
What Qualifies as a Wrongful Death Case?
New Jersey defines a wrongful death as one "caused by a wrongful act, neglect or default.” In other words, a wrongful death occurs when someone dies due to another party's negligent, reckless, or intentional actions, which can include medical malpractice, car or truck accidents, workplace accidents, defective products, nursing home neglect, and criminal acts.
Who Can File a Wrongful Death Claim?
In New Jersey, only the personal representative or executor of the deceased person's estate must file the wrongful death claim. The deceased's will typically names the personal representative. In the absence of a will or a named representative, the court will appoint an administrator.
Under New Jersey's intestacy laws, only the heirs of the deceased’s estate can benefit from any compensation recovered in a wrongful death claim. Typically, this list includes the spouse and children of the deceased, as well as any dependent heirs.
The personal representative must file the wrongful death lawsuit within two years of the date of death, and failing to meet that deadline generally means that you forfeit your right to claim compensation via legal means.
However, if the death resulted from murder, aggravated manslaughter, or manslaughter for which the responsible person was convicted, found not guilty by reason of insanity, or adjudicated delinquent, New Jersey imposes no time limit to bring a suit.
What Is the Legal Process for a Wrongful Death Claim?
Once the court establishes a representative for the deceased’s estate, the claims process typically proceeds as follows:
An initial consultation with an attorney to discuss the circumstances, potential claim value, and legal options
An investigation to gather evidence, medical records, accident reports, witness statements, and expert opinions
Filing of the complaint, which formally initiates the legal action against the responsible party
A discovery phase, where both sides exchange information, take depositions, and request documents
Settlement negotiations, as many wrongful death cases settle before trial through negotiations with the defendant's insurance company
Trial proceedings if a fair settlement cannot be reached, where a judge or jury determines liability and damages
Possible appeals if either party challenges the verdict on legal grounds
Distribution of compensation according to dependents' proportional needs
This process can take months or even years, depending on the complexity of the case and whether it settles or goes to trial.
What Damages Can Be Recovered?
The New Jersey Wrongful Death Act allows claimants in a wrongful death suit to recover compensation for tangible financial losses only. No compensation can be claimed for emotional harm, pain, and suffering.
A wrongful death suit can seek money for:
The loss of financial support the deceased would have contributed to the family during their expected lifetime, including income, benefits, and inheritance prospects
The reasonable value of household services that the deceased would have provided
If you want to file a claim to cover non-financial losses, such as the pain and suffering experienced by the deceased before death, you need to file a separate claim under the Survival Act. In a survival action, you can also pursue compensation for:
Finding Support Through Wrongful Death Claims with The Cassidy Law Firm LLC
The complex legal procedures and emotional volatility of a wrongful death situation can make these claims incredibly difficult. You need compassionate, experienced legal representation to help advance your wrongful death case and allow you to focus on healing.
If you've lost a loved one due to another's negligence, trust the wrongful death attorneys at The Cassidy Law Firm LLC to guide you through the process with care and understanding. Call us at 732.747.3999 or fill out our online form for a free consultation. We're committed to helping you secure the compensation your family deserves while honoring your loved one's memory.