When a loved one dies due to another person's negligence, surviving family members may have the right to file a wrongful death claim in New Jersey. However, legal deadlines known as statutes of limitations govern when these claims must be filed. In some cases, the discovery rule can extend the time available to file a lawsuit. This article explores how the discovery rule applies to wrongful death cases in New Jersey and what it means for families seeking justice.

Understanding the Statute of Limitations in NJ Wrongful Death Cases

Under New Jersey law, wrongful death claims must typically be filed within two years of the date of death. This deadline applies to most cases, regardless of when the family members discover the cause of death. The statute of limitations is designed to make sure that lawsuits are pursued within a reasonable timeframe while evidence is still available.

However, in some instances, the cause of death is not immediately known. If a family is unaware that negligence or wrongful conduct contributed to their loved one's passing, they may not realize they have grounds for a wrongful death lawsuit until much later. This is where the discovery rule may come into play.

What is the Discovery Rule?

The discovery rule is a legal principle that allows the statute of limitations to start only when a person knew or reasonably should have known that they had grounds to file a lawsuit. It prevents claimants from being unfairly barred from seeking compensation when the cause of injury or death was not immediately apparent.

This rule is usually applied in medical malpractice cases, where a patient may not realize that an error occurred until months or years later. However, its application in wrongful death lawsuits is more limited and depends on the circumstances of the case.

When Does the Discovery Rule Apply in NJ Wrongful Death Cases?

New Jersey courts generally do not apply the discovery rule to wrongful death claims. In most cases, the statute of limitations begins on the date of death, even if the family only later discovers that negligence was involved. However, there are exceptions where the rule may be invoked:

Medical Malpractice Leading to Death

• If a loved one dies due to medical malpractice, but the cause of death is not immediately clear, the discovery rule may allow additional time to file a lawsuit. For instance, if a doctor misdiagnosed a condition, and the family only learns of this failure months later through an autopsy or medical records review, they may have a case for extending the filing deadline.

Fraud or Concealment by the Defendant

• If a defendant actively conceals wrongdoing, the discovery rule may be used to extend the statute of limitations. For example, if a pharmaceutical company knew its drug had deadly side effects but deliberately withheld that information, families who later discover the connection may be able to argue that the statute of limitations should start from the date of discovery rather than the date of death.

Toxic Exposure and Occupational Illnesses

• Some wrongful death cases arise from toxic exposure, where a person may have developed a fatal illness due to environmental hazards or workplace conditions. Because conditions like mesothelioma or other occupational diseases can take years to develop, the discovery rule may allow families to file a wrongful death claim when they learn that a hazardous exposure caused their loved one's death.

Key NJ Court Cases Addressing the Discovery Rule

Several New Jersey court cases have clarified how the discovery rule applies to wrongful death claims:

• Rodenbeck v. U.S., 74 F.3d 460 (3rd Cir. 1996): This case emphasized that wrongful death statutes are generally not subject to the discovery rule unless specific exceptions apply.
• Savage v. Old Bridge-Sayreville Medical Group, 134 NJ 241 (1993): The court allowed the discovery rule in a medical malpractice case where the patient's cause of death was not immediately known.
• Vispisiano v. Ashland Chemical Co., 107 NJ 416 (1987): This case established that the discovery rule applies in cases of toxic exposure, where the cause of death is only realized years later.

The Impact of the Discovery Rule on Your Wrongful Death Claim

If you believe your loved one's death was the result of negligence, it is important to consult with an attorney as soon as possible. Even if the discovery rule applies, proving that the delay in discovering the cause of death was reasonable can be challenging. Courts will consider factors such as:

• When the family reasonably should have known about the cause of death
• Whether a thorough investigation was conducted
• Whether the delay in filing was due to active concealment by the defendant

Because New Jersey courts generally do not extend the statute of limitations for wrongful death claims, it is critical to act quickly. Waiting too long could mean losing the right to seek compensation.

What to Do If You Suspect a Wrongful Death Claim

If you suspect that negligence, malpractice, or misconduct played a role in your loved one's death, follow these steps:

1. Obtain medical records and an autopsy report (if applicable).
2. Speak with a wrongful death attorney to evaluate your legal options.
3. Gather evidence that supports your claim, such as witness statements, emails, or corporate documents.
4. File your claim as soon as possible to avoid missing the statute of limitations.

Conclusion

The discovery rule provides a potential extension of the statute of limitations in specific wrongful death cases in New Jersey, but its application is limited. In most cases, the two-year deadline applies from the date of death, regardless of when the family discovers the cause. However, exceptions exist for medical malpractice, fraudulent concealment, and toxic exposure cases.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New Jersey Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.