New Jersey law permits the surviving family members of a car accident victim that has died to seek compensation for funeral and burial expenses if it was the result of someone else's negligence. However, you might be wondering what your legal options would be if your loved one's death was unrelated to the accident, but there was still reason for a claim.

The New Jersey car accident attorneys at Brandon J. Broderick, Attorney at Law, will break down the laws surrounding fatal car accidents and the potential legal recourse for surviving family members in our article.

For a free consultation to discuss your case, contact us today and we can go over your options.

Death Victims and New Jersey Law 

The executors of a deceased person's estate may file a claim seeking compensation for both funeral and burial costs under the New Jersey Survivor Act (N.J.S.2A:15-3). A statute was amended in 2022 to provide the estate of the deceased to seek compensation for non-economic and economic losses, such as those from a personal injury claim the victim might have been able to bring had they survived. This would be called a "survival claim".

This Act enhanced the rights of these family members to seek further damages from responsible parties, even though New Jersey already permits mourning families to receive compensation for the wrongful death of a loved one.

Who Can Legally File a Survival Claim?

In New Jersey, a survival claim may only be filed by the administrator of the deceased's estate. This post is appointed by a county administrator, who will usually select a next-of-kin, such as a spouse or child.

A successful survival claim requires the estate to demonstrate the following:

• An estate representative is tasked with filing the claim
• The deceased person could have filed their own claim have they survived
• Another party's negligence was the cause of the deceased person's damages

You may be allowed to file a survival claim as the estate administrator if your loved one is hurt due to someone else's negligence, survives, and then passes away for a reason that is unrelated to the responsible party's acts.

Wrongful Death Claim or Survival Claim?

There's two types of claims the family members of a deceased accident victim may be able to file in the wake of their death: a wrongful death claim or survival claim. Whether one or the other is appropriate depends on the specifics of the accident and what ultimately led to the person's death.

Both could be acceptable in some situations. A wrongful death lawsuit may be filed if your loved one passed away a few days after an accident as a result of their injuries from the accident, which was someone else's fault. An individual's next of kin is awarded compensation when a wrongful death claim is successful in recovering damages related to the person's passing. In a survival claim, the deceased's estate is compensated.

Speaking with an experienced New Jersey personal injury attorney will give you some insight about your specific case. Discussing the details with a legal expert can help you determine the best course of action.

Allow Us To Help You With Your Your Wrongful Death Claim

If you've lost a loved one in an accident caused by another party, you may be entitled to financial compensation for the estate of that person. This can assist in paying for things like funeral and burial expenses, as well as any medical bills received before their passing.

To ensure that the maximum compensation is received, the skilled personal injury attorneys at Brandon J. Broderick's New Jersey offices can help. We recognize the need of pursuing compensation through the proper legal channels and do everything in our power to make that happen for our clients.

We can schedule a call with our attorneys to discuss the details of your case. This is a no-obligation call, so there's no risk. Call us today. Let us help you through this tough time.

We service New Jersey, New York and the surrounding Tri-State.