What is the Process of a Wrongful Death Lawsuit in New Jersey?
Understanding the process of filing a wrongful death lawsuit in New Jersey is crucial, as it enables surviving family members to secure rightful compensation after losing a loved one. This understanding ensures timely and appropriate action. Awareness of legal nuances, such as eligibility criteria, important deadlines, and procedural steps, empowers families to honor their loved one’s memory by holding responsible parties accountable and alleviating the financial burdens associated with their loss.
Know When a Wrongful Death Lawsuit is Appropriate
The process of filing a wrongful death lawsuit in Jersey City begins by determining if you have a viable case. Below are the most common causes of wrongful death that could lead to this type of legal action.
Medical Malpractice
Medical malpractice is a common cause of wrongful death claims in New Jersey. This situation arises when a healthcare professional’s negligence results in a patient’s death, whether due to misdiagnosis, surgical errors, or failure to provide appropriate treatment. The lawsuit may be against the hospital, a doctor, a nurse, or other healthcare professionals.
Motor Vehicle Accidents
Accidents involving automobiles, motorcycles, and trucks frequently result in wrongful death claims. These incidents often occur due to reckless driving, DUIs, or non-compliance with traffic laws, causing fatal injuries to victims. A car accident lawyer in Jersey City may be able to help if a loved one lost their life in a crash caused by negligence.
Workplace Accidents
In certain industries, particularly construction and manufacturing, workplace accidents can lead to wrongful death. Unsafe work environments, lack of proper safety measures, or equipment failure can result in fatal incidents necessitating a claim.
Defective Products
When a product’s design or manufacturing defect leads to a consumer’s death, it may give rise to a wrongful death claim. Manufacturers and distributors can be deemed liable if they fail to ensure their product’s safety or provide adequate warnings.
Criminal Acts
Wrongful death claims may also arise from intentional acts of violence or crime, such as assault or murder. The family of the deceased can pursue a civil claim for damages alongside criminal proceedings against the perpetrator.
Understand Who Can File a Claim
One of the other most important things to know about filing a wrongful death lawsuit is who is eligible to file the actual claim. In the state of New Jersey, it is the responsibility of the personal representative, often referred to as the executor, of the deceased individual’s estate to initiate a wrongful death claim. In cases where the deceased did not leave a will designating a personal representative, the court will appoint an individual to serve as the administrator.
2A:31-2. a. Every action commenced under this chapter shall be brought in the name of an administrator ad prosequendum or administrator of the decedent for whose death damages are sought, except where decedent dies testate and his will is probated, in which event the executor named in the will and qualifying, or the administrator with the will annexed, as the case may be, shall bring the action.
This appointed administrator is then authorized to file the lawsuit on behalf of the estate.
Know The Statute of Limitations
An essential step in filing a wrongful death claim in New Jersey is understanding the statute of limitations for these cases. In New Jersey, the general statute of limitations for filing a wrongful death lawsuit is two years from the date of the individual’s death. This means that the claim must be initiated within this two-year window to preserve the right to seek damages.
2A:31-3 Every action brought under this chapter shall be commenced within 2 years after the death of the decedent, and not thereafter
Failing to file within this period generally results in the court dismissing the case, barring recovery. This makes it essential to consult with legal counsel right away to ensure all procedural requirements are met in a timely fashion.
Exception for Criminal Cases
In New Jersey, there is a unique provision regarding the statute of limitations on wrongful death claims when the deceased’s death results from criminal actions such as murder, aggravated manslaughter, or manslaughter.
…however, that if the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity or adjudicated delinquent, the action may be brought at any time.
If the defendant has been convicted of these crimes, acquitted on the grounds of insanity, or adjudicated delinquent, the wrongful death lawsuit can be initiated without any time constraints.
Work With a Lawyer
Following the determination of eligibility and an understanding of the statute of limitations, the next critical step is to work with an experienced wrongful death lawyer. Legal counsel is invaluable in preparing and filing a claim. Here’s how they can help:
Case Evaluation
A lawyer will perform a thorough evaluation of the circumstances surrounding the wrongful death. This includes gathering necessary evidence, identifying liable parties, and determining the potential value of the claim.
Negotiation and Litigation
A skilled lawyer will handle negotiations with insurance companies and other parties involved to secure a fair settlement. Insurance companies are known to offer unreasonably low settlements, but working with a lawyer can help you avoid this. If necessary, your attorney will also represent you in court, advocating for your rights and seeking maximum compensation.
Administrative Support
Navigating the legal process involves comprehensive documentation and timely submission of various forms and evidence. A lawyer manages these administrative aspects, relieving you of the burden and ensuring the claim is processed smoothly.
If you lost a loved one due to someone’s intentional or negligent actions, we can help you get the justice you deserve. We understand that no amount of money will ever bring back your loved one, but you deserve financial compensation for the loss and damages you’re experiencing. Contact us today to schedule a free consultation.