What is a Wrongful Death Claim?

Do you feel that you may have lost a loved one due to neglect on the part of a caretaker? If your loved one has passed within the last two years, you maybe be qualified to file a wrongful death claim.

What is the Definition of “Wrongful Death”?

In the state of New Jersey, a wrongful death is “caused by a wrongful act, neglect or default of another.” What this means is that had the death itself not occurred, the person in question would’ve been able to file a personal injury claim in court themselves. What a wrongful death claim does is allow you to file that claim on behalf of your loved one.

In New Jersey, a wrong death claim can be filed as a civil suit. Due to this, wrongful death must be filed with the beneficiaries or personal representative directly. This means that, even if there are criminal charges attached to the suit, the case would still be heard in a civil court, rather than a criminal one, and the result can only result in monetary damages rather than criminal penalties such as incarceration and probation.

Is There a Limit to Filing a Wrongful Death Claim?

There is a limit to when wrongful death charges can be filed. The statue of limitations, as defined by the state of New Jersey, is within a two year window from the time of the deceased’s death. If you attempt to file this charge outside of the two year window, most courts won’t even hear the case.

Who Can file a Wrongful Death Claim?

A wrongful death claim can be filed by surviving members of the family, however, most commonly, it is filed by an executor or personal representative of the deceased’s estate on behalf of the family. In terms of who receives compensation, generally the damages go to the surviving spouse and children. If the deceased has neither, the damages will go to any surviving parents. 

Contact An Edison Personal Injury Lawyer To Discuss Your Wrongful Death Case In New Jersey

Did you lose a loved one due to negligence in New Jersey? Don’t wait to file a wrongful death suit on behalf of your loved one.. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lombardi & Lombardi, P.A. represent clients in wrongful death cases in Middlesex, Monmouth, Ocean, Somerset, and Union Counties and throughout New Jersey. Call 732-564-7165 or fill out our online contact form to schedule a consultation about your case. Lombardi & Lombardi, P.A. has two offices conveniently located in Edison New Jersey, as well as offices in Brick, Freehold and Point Pleasant. The main office of Lombardi and Lombardi, P.A. is at 1862 Oak Tree Road, Edison, NJ 08820.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.