New Jersey Wrongful Death Lawyers

Damages That Can Be Recovered From a New Jersey Wrongful Death Claim

As the survivor of a loved one, you can file a wrongful death lawsuit for the recovery of the following three kinds of damages:

• • The loss of the love, companionship, comfort, affection, society, solace, moral support, and (if a spouse is a claimant) consortium of the decedent;

• • The value of the household services the decedent would have provided in the future, if any, and

• • The value of the financial support the claimant would have received from the decedent but for the death.

After a loved one has passed away, there are only certain people who may file a wrongful-death claim. First in line are the surviving spouse and children, and the surviving issue of the decedent’s deceased children.

These survivors can file separately or jointly. If these types of claimants do not exist, next in line are the persons:

• • parents;

• • then brothers and sisters;

• • then the children of deceased brothers and sisters;

• • then grandparents;

• • and then their lineal descendants

A second group of claimants, who are not covered in the first group, are:

• • putative spouse (a person who can prove that he/she had a good faith belief that they were married to the decedent, but were not married by law)

• • children of the putative spouse

• • stepchildren

• • and parents of the decedent

The only way that those qualified under the second group can file a wrongful death claim is if they can prove that they were dependent upon the decedent at the time of death.

The final class of claimant is any minor who can prove that they were a resident of the decedent’s household for 180 days prior to the death and that they were dependent upon the decedent for at least 50% of their support at the time of death.

New Jersey Wrongful Death Statute

The statute of limitations for filing a wrongful death lawsuit in New Jersey is two years!

This is the maximum amount of time that the victim’s family can wait to pursue a wrongful death lawsuit. This time limit starts running from the date of death.  After this time, you are forever barred from filing your lawsuit. For the lay person, the terms may be difficult to understand, which is why consulting a New Jersey wrongful death attorney to explain the legal mumbo jumbo is the best way forward.