To lose someone you love unexpectedly is a devasting experience. That pain is compounded when their passing could have possibly been prevented. While legal action is probably not the first thing on your mind after the death of someone you care about, wrongful death claims are important.
In New Jersey, a wrongful death claim is a legal term that applies to cases where someone dies due to the wrongful, negligent act of another. Common examples of wrongful death include car accidents, medical malpractice, and truck accidents.
One way to determine if your situation meets the criteria is if your deceased loved one would have been able to file a personal injury claim had they survived. Essentially, you are bringing the claim on behalf of your loved one who has passed. Unlike criminal cases, wrongful death claims are solely expressed in terms of financial compensation, not jail time and other penalties.
Who Can File a Wrongful Death Claim?
In New Jersey, the administrator or executor of the estate is responsible for filing the wrongful death claim on behalf of the decedent’s survivors. Those survivors may include:
- Nieces and nephews.
In some cases, friends, other relatives, and other individuals may file if they can show they were financially dependent upon the deceased person.
Filing a Wrongful Death Suit
As with all types of personal injury lawsuits, wrongful death claims must be filed within in certain amount of time from the date of the decedent’s passing. In New Jersey, the statute of limitation for these cases is typically two years from the death. Claims filed beyond that two-year limit are likely to be thrown out permanently. Exceptions of this timeframe: death was the result of murder, aggravated murder, or manslaughter when the person who caused the death was either convicted, found not guilty by reason of insanity, or tried as a juvenile.
If your family member passed away due to someone else negligent act, legal help is available. First, focus on your own physical and mental health. You have experienced a traumatic event, and self-care is essential.
When you feel ready, make an appointment to meet with an experienced lawyer to discuss your options. Choose one with a record of achieving successful outcomes for wrongful death claims.
Atlantic City Personal Injury Lawyers at the D’Amato Law Firm Can Advocate You if You Lost a Loved One
In the immediate grief and pain of a loved one’s passing, it is not easy to make those critical legal and financial decisions. Our Atlantic City personal injury lawyers at the D’Amato Law Firm are here to guide you through the process. We can assess your situation with care and compassion. Call us at 609-926-3300 or complete our online form to schedule a free case review today. Located in Egg Harbor Township, New Jersey, we serve clients in South Jersey, including Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, and Woodbury.