Experiencing the sudden and unexpected death of a loved one is arguably the most devastating and emotionally trying experience anyone can suffer. When a family member dies under tragic circumstances that could have been prevented, the people left behind are usually filled with rage, frustration and grief. Worries about money and moving on without your loved one's assistance only make things worse.
Those left behind may be curious about the process of filing a wrongful death claim and the types of compensation they may receive. Fortunately, a wrongful death claim can help the families recover damages to cover expenses.
You may have questions about these damages and payouts awarded, which will be discussed in the following article. However, it's best to consult with an experienced New Jersey wrongful death attorney, such as Brandon J. Broderick, Attorney at Law. We have a successful track record in helping families resolve wrongful death cases. We can help answer questions and represent you and the estate after the tragic passing of a loved one. It’s as simple as contacting us today.
"Wrongful Death" in New Jersey: Defined
A "wrongful death" in the state of New Jersey is a death that is "caused by the wrongful act, negligence, or default" of another party, according to NJ law (N.J. Stat. 2A:31-1). Simply put, a wrongful death is when someone dies due to the negligence of another person or entity, by:
- accidents caused by negligence (for example: car accidents)
- medical malpractice
- intentional acts (for example: crimes)
If the deceased could have filed a personal injury case had they lived, then the circumstances surrounding their death qualify as wrongful death. A wrongful death lawsuit is similar to a personal injury claim in which the deceased plaintiff is unable to represent themselves in court. The deceased's claim must be brought on their behalf by a third party instead.
Like personal injury claims, the defendant must pay monetary damages in wrongful death lawsuits to the deceased's family or estate. That is, if they are found to be negligent for the accident or incident that led to the death.
Damages Families Can Seek in a Wrongful Death Lawsuit in New Jersey
If the plaintiffs in a New Jersey wrongful death suit win, the court will award the victim's family compensation, otherwise known as "damages". In a wrongful death lawsuit, damages are awarded to make up for things like:
- loss of financial support, which is calculated as the amount the deceased would have earned had they continued living
- loss of companionship
- value of home services
- medical, funeral, and burial costs
Who Receives Damages Awarded?
A personal representative or administrator is who must file the wrongful death claim, but it's the deceased person's survivors who will receive any compensation that is awarded. Under New Jersey law, the following members of the same family will collect damages:
- the surviving spouse, any minor children or grandchildren
- the deceased person's parents
- any living siblings, nieces, or nephews
In the event of a death in the family, the surviving spouse or children are typically given priority. If there is no surviving spouse or child, then the deceased person's parents will collect any damages. If there are no living parents, then the deceased person's siblings, nieces, or nephews will be entitled to compensation in a wrongful death suit.
The surviving family members also need to show that they were financially dependent on the deceased in order to collect damages, via Section 2A:31-4 of the New Jersey Statutes.
Deadline to File a Wrongful Death Claim
Statutes of limitations govern the time limits within which civil cases, including those involving wrongful death, must be filed. It is important to note that most wrongful death claims in New Jersey must be filed within two years of the death under the state's statute of limitations. It's highly likely that a wrongful death claim will be denied by the court if it's not submitted inside that two-year period.
Punitive Damages in a New Jersey Wrongful Death Case
It's impossible to fathom the grief that's felt by those left behind when a loved one dies suddenly. However, "pecuniary damages," or actual monetary losses, are all that can be sought for under New Jersey's wrongful death law. This means that in a wrongful death claim, the family will not be compensated for their emotional suffering. Likewise, in the event of an accidental death claim in New Jersey, punitive damages are not typically paid.
You can seek emotional damages in a separate claim alongside a wrongful death lawsuit. One possible route for surviving family members to seek compensation for emotional damages is through a claim for negligent infliction of emotional distress if they witnessed the death and were greatly distressed by it. Also, under New Jersey's Survival Act, the deceased person's estate can seek compensation for the suffering they suffered in the final moments of life. If the estate is successful in recouping these losses, they will be added to the estate and may be given to the survivors.
Brandon J. Broderick: Your Wrongful Death Attorney in New Jersey
If you have suffered the loss of a loved one, you may file a wrongful death claim. Finding the right New Jersey wrongful death attorney may be intimidating, but it doesn't have to. At Brandon J. Broderick, Attorney at Law, we have handled hundreds of cases with care and professionalism with successful resolutions.
If you have questions about our own wrongful death case, get in touch with us now for a free consultation.