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What’s the Statute of Limitations for Wrongful Death in New Jersey?

Sophia Soraya

September 19, 2024

In the wake of losing a loved one due to someone else’s negligence, understanding the statute of limitations for wrongful death claims in New Jersey is highly recommended. Time is of the essence, as these cases are governed by the statute of limitations. If you miss the deadline, you may lose the right to seek justice and compensation for your loss.

If you are considering filing a wrongful death claim, having the support of a wrongful death lawyer in New Jersey becomes indispensable. With over 40 years of combined experience, our lawyers at Varcadipane & Pinnisi, P.C. are proud to advocate for injury clients. Your attorney will be keen to adhere to the critical deadlines to secure settlement during such a challenging time.

What is a Statute of Limitations?

The statute of limitations is a legal time limit within which a lawsuit must be filed. Once this period expires, the right to pursue legal action is typically forfeited, regardless of the validity of the claim.

The statute of limitations varies depending on the type of case and jurisdiction. For wrongful death cases, understanding the applicable statute of limitations is crucial to ensuring that justice is served and that the responsible parties are held accountable.

What is Considered Wrongful Death in New Jersey?

According to New Jersey Statute 2A:31-1 (2023), wrongful death is the death of someone induced by “a wrongful act, neglect, or default.” Simply put, this is the death that occurs when a person dies due to negligence, recklessness, or intentional actions of another party.

In New Jersey, wrongful death claims can arise from various situations, including:

  • Medical malpractice. When a healthcare provider’s negligence leads to a patient’s death, the surviving family members may have grounds for a wrongful death claim.
  • Car accidents. Fatal car accidents caused by negligent or reckless driving can result in wrongful death claims.
  • Workplace accidents. If an employee dies due to unsafe working conditions or employer negligence, a wrongful death claim may be filed.
  • Criminal acts. Homicides or other intentional acts that result in death can also lead to wrongful death lawsuits.

Other causes of wrongful death in New Jersey include:

The cause of wrongful death is crucial because it determines liability and the potential for compensation. A lawyer can help by thoroughly investigating the circumstances of the wrongful death to determine what transpired. They may also engage experts to help prove the cause of death to prove the case successfully.

What’s the Statute of Limitations for Wrongful Death in NJ?

The statute of limitations for wrongful death begins when the loved one passes away due to someone else’s actions. You have two years from that date to file a wrongful death lawsuit in New Jersey.” If you don’t file a wrongful death lawsuit within this period, this legal window slams shut, and you lose the chance to seek justice and compensation forever.

If you consider filing a wrongful death lawsuit in NJ, you shouldn’t wait until the last minute to act. Involve your wrongful death lawyer early on so that they can plan your case in line with the legal deadlines. This gives you one less thing to worry about during a difficult time.

There are some exceptions to this rule. For instance, if the wrongful death resulted from murder or aggravated manslaughter, you can file the claim at any time. Moreover, in cases where the cause of death was not immediately known, the statute of limitations begins from the date the cause was or should have been discovered, under the discovery rule.

Make sure to consult with a New Jersey wrongful death attorney promptly so that your claim is filed within the appropriate time frame. They will also explore any potential exceptions that may apply.

What Kind of Compensation Can I Get?

In a wrongful death case, the compensation awarded is intended to alleviate the financial and emotional impact of the loss on the surviving family members. In New Jersey, potential compensation may include:

  • Medical expenses. Reimbursement for the medical costs incurred before the deceased person’s death.
  • Funeral and burial costs. Compensation for the expenses associated with the funeral and burial.
  • Lost income. Compensation for the income the deceased would have provided if they had lived.
  • Loss of companionship. Reparation for the emotional distress and anguish resulting from the loss of a loved one.
  • Loss of support and services. Compensation for the loss of the deceased person’s contributions to the household, such as childcare or household chores.

Who Can File a Wrongful Death Claim?

In New Jersey, only certain individuals are eligible to file a wrongful death claim. Under NJ 2A:31-2, the claim is brought by the executor or administrator of the deceased person’s estate on behalf of the surviving family members. If the deceased did not leave a will, the court will appoint someone to file the claim.

The individuals who can benefit from a wrongful death claim include:

  • The surviving spouse of the deceased.
  • The deceased’s children, including adopted children.
  • The deceased’s parents, if there are no surviving spouses or children.
  • Any other individuals so long as they can prove they were financially dependent on the deceased.

A Paramus, New Jersey Wrongful Death Attorney Can Help

If you have a wrongful death claim, New Jersey places a limited timeframe within which you can legally file a lawsuit to recover damages. However, when dealing with the emotional aftermath of losing a loved one, adhering to legal procedures can be overwhelming. You need the support of a wrongful death attorney to ensure the claim follows the right timing to preserve your right to seek compensation. Call us at (201) 588-1500 to schedule a free case evaluation.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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