The Things You Need to Know When a Loved One Dies Accidentally
When a loved one dies because of the carelessness or negligence of another person, your life changes forever. Nothing can bring them back, but that doesn’t mean that you don’t have the right to seek monetary compensation for your losses. Here are some of the most commonly asked questions people have when contemplating filing a wrongful death claim in New Jersey.
How Does New Jersey Define Wrongful Death?
In New Jersey, a “wrongful death” is considered to be one caused by “wrongful act, neglect or default.” Accordingly, accidental deaths are deemed wrongful, whether in a motor vehicle accident, slip and fall, workplace accident, as a result of a dangerous or defective product, as a consequence of medical malpractice or because of any other negligence. You may also file a personal injury lawsuit based on another person’s intentional acts.
Who Has the Right to File a Wrongful Death Claim?
In New Jersey, the executor or personal representative of the decedent’s estate is required to bring any wrongful death action. If there is no will appointing an executor, the court will typically name someone to take on that responsibility.
How Long Do I Have to File a Wrongful Death Claim?
The time period for filing a wrongful death lawsuit is governed by the statute of limitations. In New Jersey, the statute of limitations for personal injury and/or wrongful death is two years from the date of death.
What Losses Can I Recover in a Wrongful Death Claim?
The losses or “damages” that you can seek after the accidental death of a family member include:
- The loss of any financial support they would have provided you
- The loss of any household services they would have provided, such as housekeeping, meal preparation, home maintenance and child care
- The loss of companionship or consortium, including care, advice and guidance
- The costs of funeral or burial services
Contact the Law Office of Howard D.Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after the death of a loved one, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury and wrongful death claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.