Middlesex County Wrongful Death Attorney

Losing a loved one due to the negligence of another can be a devastating experience. Unfortunately, wrongful death occurs far more often than any of us would like to think. If you believe you have a valid wrongful death suit, please don’t hesitate to contact a compassionate attorney here at Stathis & Leonardis for steadfast legal representation.

What Constitutes a Valid Wrongful Death Claim in NJ?

A valid wrongful death claim in New Jersey arises when a person dies due to the wrongful act, neglect, or default of another party. Under the New Jersey Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.), the key elements that must be proven in a wrongful death claim include:

• Negligence or Misconduct: The death must have been caused by the wrongful act, neglect, or default of another party. This can include car accidents, medical malpractice, workplace accidents, or criminal actions.
• Causation: There must be a direct link between the defendant’s actions and the death of the decedent. It must be shown that the death would not have occurred but for the defendant’s negligence or misconduct.
• Damages: The surviving family members must have suffered financial losses due to the death. These can include loss of income, medical and funeral expenses, and loss of companionship.

Who Can Bring a Wrongful Death Claim in New Jersey?

In New Jersey, a wrongful death claim must be filed by the personal representative of the decedent’s estate. Typically, this is the executor named in the decedent’s will. If there is no will, the court can appoint an administrator to serve as the personal representative. The compensation awarded in a wrongful death claim is distributed to the deceased’s survivors, which typically includes:

• Spouse and Children: The spouse and children of the deceased are the primary beneficiaries.
• Parents: If the decedent had no spouse or children, the parents may recover damages.
• Other Dependents: If there are no immediate family members, other dependent relatives may be entitled to compensation.

Recoverable Compensation in NJ Wrongful Death Claims

In New Jersey, the damages recoverable in a wrongful death claim aim to compensate for the financial losses suffered by the surviving family members. These can include:

• Economic Damages: These cover the financial contributions the decedent would have provided, such as lost wages, benefits, and inheritance.
• Medical and Funeral Expenses: Reimbursement for medical expenses incurred prior to death and the costs of the funeral and burial.
• Loss of Services and Support: Compensation for the loss of services, guidance, care, and companionship that the decedent would have provided to the family.
• Loss of Prospective Net Accumulations: This covers the loss of future savings and investments the decedent would have accrued.

It is important to note that New Jersey does not allow recovery for the emotional pain and suffering of the survivors in wrongful death claims.

What is the Statute of Limitations for Wrongful Death Claims in NJ?

In New Jersey, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death (N.J.S.A. 2A:31-3). It is crucial to adhere to this deadline because failing to file within this period can result in the court dismissing the claim, leaving the family without legal recourse.

However, there are certain exceptions and nuances, such as cases involving criminal actions, which may affect the time frame. Consulting with a knowledgeable Middlesex County personal injury attorney promptly can ensure that your claim is filed correctly and timely.

Contact a Skilled Personal Injury Lawyer Today

Stathis & Leonardis has been a steadfast representative of all those who’ve been harmed due to negligence in New Jersey for decades, and we stand ready to effectively represent you as well. We know and understand that no amount of compensation can replace the value of your loved one, but it can help you pick up the pieces and move on with your life. Contact a dedicated wrongful death attorney from Stathis & Leonardis, LLC today to schedule your free initial consultation.