Under New Jersey law, a “wrongful death” occurs when an individual dies due to another party’s wrongful act, neglect, or default. The statute authorizes certain family members to pursue compensation for pecuniary losses arising from that death. Unlike criminal cases, these civil actions focus solely on financial recovery to cover tangible harms such as funeral expenses, lost income, and household services.
New Jersey limits the right to file a wrongful death lawsuit to the personal representative of the decedent’s estate. The estate’s executor or administrator brings the claim on behalf of those entitled to inherit under intestacy law, including:
Once compensation is obtained, damages are distributed proportionally among the beneficiaries based on financial dependency, age, and other equitable factors.
A wrongful death lawsuit must be filed within two years of the decedent’s date of death under N.J.S.A. 2A:31-3. Failing to meet this deadline generally bars recovery. Exceptions exist for criminal homicide convictions and certain governmental claims, but exceptions are rare. Families should promptly contact an attorney to preserve their rights.
Contact a Jersey City wrongful death attorney promptly to discuss your rights and deadlines.
Secure accident reports, medical records, police reports, and witness statements.
Acquire certified copies to prove the date and cause of death.
Ensure the executor or administrator is properly appointed to file claims under N.J.S.A. 2A:31-2.
Early notice may be required, especially for claims against government entities.
Facilitate open communication among heirs to minimize conflicts over distribution.
The Personal Representative of the estate has a dual duty: (a) to pursue survival action damages on behalf of the decedent’s estate, and (b) to prosecute wrongful death damages for the beneficiaries. This requires obtaining Letters Testamentary or Administration, coordinating probate requirements, and posting bonds if necessary. Proper estate coordination ensures both streams of compensation—survival and wrongful death—are fully pursued and equitably distributed.
Let Michael C. Kazer, P.C. stand by your side—fighting tirelessly to honor your loved one’s memory and secure the compensation your family deserves.
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