NJ wrongful death claim cases in New Jersey require experienced legal representation. At Maxwell, Tassini & Gardner, LLC in Spring Lake, we help injured clients throughout Monmouth and Ocean counties pursue their NJ wrongful death claim claims. If you need a NJ wrongful death claim attorney who understands New Jersey law, call (732) 230-5003 for a free consultation.
What Is a Wrongful Death Claim in NJ and Who Can File One?
When a person dies as a result of another party’s negligence, recklessness, or intentional misconduct in New Jersey, the surviving family members may seek compensation through a wrongful death claim. Governed by the New Jersey Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.), these claims provide a legal remedy for the financial and personal losses the family suffers due to the death of their loved one.
What Qualifies as Wrongful Death?
A wrongful death claim can be filed whenever a death is caused by a “wrongful act, neglect, or default” that would have given the deceased person the right to sue for personal injury had they survived. Common circumstances include:
- Car, truck, or motorcycle accidents caused by a negligent driver
- Medical malpractice (surgical errors, misdiagnosis, medication errors)
- Workplace and construction accidents
- Defective products
- Premises liability (falls, structural failures, inadequate security)
- Criminal acts (assault, DUI fatalities)
Who Can File a Wrongful Death Claim in NJ?
Under N.J.S.A. 2A:31-2, only the administrator of the decedent’s estate can file a wrongful death lawsuit. The administrator is typically appointed by the Surrogate’s Court in the county where the deceased lived. The lawsuit is filed on behalf of the surviving dependents, which may include:
- Surviving spouse or domestic partner
- Children (including adult children)
- Parents (if the deceased had no spouse or children)
- Other persons who were financially dependent on the deceased
If the deceased did not have a will naming an executor, a family member can petition the Surrogate’s Court to be appointed administrator. Your attorney can assist with this process.
Wrongful Death Damages
A wrongful death claim seeks to compensate the surviving family members for their losses, including:
- Lost financial support: The income and benefits the deceased would have provided over their expected lifetime.
- Loss of companionship and guidance: The emotional support, parenting, mentorship, and companionship the deceased provided.
- Loss of services: Household services, childcare, and other contributions the deceased made.
- Funeral and burial expenses.
- Medical expenses incurred before the death.
Survivorship Claims
In addition to the wrongful death claim, the estate administrator may file a separate survivorship claim under N.J.S.A. 2A:15-3. The survivorship claim seeks damages for the pain, suffering, and anguish the deceased experienced between the time of the injury and death. This is a separate and distinct cause of action from the wrongful death claim, and the damages go to the estate rather than directly to the dependents.
Statute of Limitations
The statute of limitations for a wrongful death claim in NJ is two years from the date of death (N.J.S.A. 2A:31-3). Note that the date of death may differ from the date of the accident or negligent act if the person survived for a period before dying. Missing this deadline bars the claim permanently.
Punitive Damages
In cases involving especially egregious conduct—such as drunk driving, reckless disregard for safety, or intentional harm—the estate may also seek punitive damages under the Punitive Damages Act (N.J.S.A. 2A:15-5.12). Punitive damages are designed to punish the wrongdoer and deter similar conduct in the future, and they can substantially increase the total recovery.
Contact MTG Lawyers Today
Maxwell, Tassini & Gardner, LLC
302 Washington Avenue, Suite 101
Spring Lake, NJ 07762
Phone: (732) 230-5003
Serving Monmouth and Ocean counties
If you were injured in an accident in New Jersey, you may have a compensable claim. Call MTG Lawyers at (732) 230-5003 for a free, no-obligation consultation. We speak English and Spanish. Hablamos español.
Understanding your NJ wrongful death claim case is essential. Our attorneys handle NJ wrongful death claim matters daily and know how to maximize your recovery. A NJ wrongful death claim attorney at Maxwell, Tassini & Gardner, LLC can evaluate your claim during a free consultation.
Learn More About NJ wrongful death claim
For more information about nj wrongful death claim, explore these related resources:
- NJ wrongful death lawyer — related guide from MTG Lawyers
- NJ personal injury statute of limitations — related guide from MTG Lawyers
- why hire NJ personal injury lawyer — related guide from MTG Lawyers
- N.J.S.A. 2A:31-1 Wrongful Death Act — official NJ resource
For personalized guidance on nj wrongful death claim, contact MTG Lawyers for a free consultation. Call (732) 230-5003 or reach out online today. Our NJ personal injury attorneys have helped thousands of accident victims recover the compensation they deserve.