The unexpected loss of a family member caused by someone’s negligence can be devastating, with the emotional and financial toll overwhelming you. In New Jersey, the law allows surviving family members the right to compensation through a wrongful death lawsuit.
Let’s look at who can file a wrongful death claim in NJ, the types of damages available, and how the Law Offices of Howard D. Popper, an experienced New Jersey wrongful death attorney, can help protect your rights during this difficult time.
Who Can File a Wrongful Death Lawsuit in NJ
Under New Jersey law, a wrongful death claim may be filed when a person dies due to another party’s negligence, recklessness, or intentional misconduct. In essence, if the victim would have had a right to file a personal injury claim had they lived, then eligible survivors will have a wrongful death claim when injuries are fatal.
Typical incidents leading to wrongful death claims include auto accidents, workplace hazards, healthcare errors, and product defects. Unlike criminal cases, a wrongful death lawsuit is a civil action aimed at recovering financial damages, not punishing the offender.
To succeed, wrongful death attorney Howard D. Popper must establish liability and causation through evidence such as accident reports, expert testimony, and medical records.
Who Is Legally Allowed to Pursue a Wrongful Death Claim in NJ?
New Jersey law limits the potential parties who may file a wrongful death lawsuit. Claims may be filed only by the executor or court-appointed personal representative of the decedent’s estate.
Wrongful death claims are brought by the estate executor or representative on behalf of the surviving family members. Under the wrongful death statute, a spouse and children are considered to be primary beneficiaries of a wrongful death claim. If no spouse or children survive the deceased, the parents may have a claim. If no parents survive, other dependents may have a claim, based on the priority set forth in the statute.
How Long Do You Have to File a Wrongful Death Lawsuit in New Jersey?
Any lawsuit based on a wrongful death claim must be filed within two years of the date of death, as set forth in the NJ wrongful death statute (N.J.S.A. 2A:31-3).
Compensation Available in a New Jersey Wrongful Death Claim
In New Jersey, families may recover several types of compensation through a wrongful death claim. The types of damages are categorized as either economic or non-economic.
- Economic damages are those that are easily calculated and documented. This category includes unreimbursed medical bills, funeral and burial expenses, and the loss of financial support the deceased would have provided.
- Non-economic losses include loss of companionship, guidance, and household services. Emotional distress (a form of pain and suffering) is not compensable under the wrongful death statute. It must be pursued separately through a survivor action (N.J.S.A. 2A:15-3).
Why Legal Counsel Is Critical in Wrongful Death Claims
Wrongful death cases involve potential high-dollar damage awards and are therefore more aggressively challenged by insurance companies. The insurer commonly disputes liability, attempts to minimize financial loss estimates, and tries to exploit any procedural errors.
Howard D. Popper, a seasoned wrongful death attorney can navigate the legal complexities of your claim. Mr. Popper will build a strong and valid case using:
- Accident reconstruction experts
- Medical expert testimony
- Comprehensive financial loss assessments
Read Also: How Do I Know If I Can File a Personal Injury Lawsuit in New Jersey?
Contact the Law Offices of Howard D. Popper
For over 40 years, the Law Offices of Howard D. Popper has earned the trust of families across Morris County and Sussex County, New Jersey, providing dedicated legal representation and proven results. We offer a free consultation to review your case and explain your legal options.
Attorney Howard D. Popper is a skilled Morristown wrongful death lawyer who accurately calculates all applicable damages in wrongful death cases and who will advocate for the full dollar amount to which your family is entitled.
Our firm works on a contingency fee basis—you won’t pay unless we recover compensation. Call 973-659-4144 or contact us online to speak with a wrongful death lawyer who understands your rights and grief. We’re here to fight for justice and financial security after your loss.