New Jersey Wrongful Death Lawyer

Who brings a wrongful death claim in New Jersey?

Generally, an administrator ad prosequendum. That is a person appointed by the court specifically to bring the wrongful death claim on behalf of the family members who can recover.

Often a spouse, adult child or parent serves in this role. If the person who died had a will naming an executor, that person may bring the claim. The appointment usually goes through the county surrogate's office. Opening the right proceeding takes time, which is one reason to begin early.

What damages can a New Jersey family recover?

New Jersey wrongful death damages focus on the financial value of what the family lost. That includes more than income.

Wrongful death damages may include:

• Lost financial support the person would have provided.
• The value of household services, such as childcare, maintenance and transportation.
• The value of care, guidance, advice and companionship the person would have provided.
• Funeral and burial costs.
• Medical costs related to the final injury.

New Jersey generally does not allow recovery for the family's grief itself in a wrongful death claim. But the value of guidance, advice and companionship can be significant, especially for children.

How is the survival claim different?

The survival claim belongs to the estate and recovers what the person could have claimed if they had lived. It is separate from the wrongful death claim, though they are usually filed together.

Survival damages may include:

• Pain and suffering the person experienced before death.
• Medical bills.
• Lost earnings between the injury and death.

In cases involving especially reckless conduct, punitive damages may be available through the survival claim, subject to New Jersey's rules.

How long does a New Jersey family have to file?

Generally two years from the death. If a public entity, such as a town, county, school board or NJ Transit, may be responsible, a notice of claim is generally due within 90 days.

That shorter deadline catches many families. A fatal crash involving a county vehicle, a death from a dangerous public road, or a death at a public hospital may all require the 90-day notice. Medical malpractice deaths also require an affidavit of merit soon after filing. See our New Jersey medical malpractice page.

What fatal accidents lead to claims in New Jersey?

Crashes, falls, workplace accidents and medical errors. New Jersey's dense roads and busy industries shape the risks.

Common examples include:

• Pedestrian deaths on busy suburban highways and city streets.
• Truck crashes on the Turnpike and interstates.
• Motorcycle crashes.
• Construction and warehouse accidents.
• Drownings at the Shore.
• Missed diagnosis or surgical errors.

When a death happened at work, workers' compensation death benefits are usually available and generally prevent a suit against the employer. A separate claim may still exist against a contractor, equipment maker or driver.

How does fault affect a New Jersey wrongful death claim?

The recovery is reduced by the percentage of fault assigned to the person who died, and nothing is recovered if that share is greater than 50%.

Here is an example. A man is struck and killed while crossing Route 1 at night by a driver who was speeding. The family's damages total $1,200,000. The driver's insurer argues he crossed outside a crosswalk. If a jury assigns him 30% of the fault, the family receives $840,000. If it assigns him 51%, the family receives nothing. Lighting, speed and visibility evidence often decide these cases. See our pedestrian accidents page.

Does a criminal case affect the civil claim?

The two cases are separate. A criminal case seeks punishment. The family's civil case seeks compensation and uses a lower standard of proof. The family does not have to wait for the criminal case, and the civil deadlines keep running.

A conviction, or a guilty plea, can be powerful evidence in the civil case, and police reports, crash reconstruction and witness statements gathered by prosecutors may become available. But criminal cases can take a long time, and a civil claim can succeed even when no charges are filed or a defendant is acquitted. Any restitution ordered in a criminal case is usually far smaller than the losses a civil claim can address. Our team can coordinate with prosecutors and victim advocates so the two cases move forward without getting in each other's way.

What should a grieving family do first?

1. Gather the death certificate, police report and medical records.
2. Keep insurance letters and avoid recorded statements.
3. Write down whether any public entity was involved, and talk with our team about the 90-day notice.
4. Talk with our team about appointing an administrator ad prosequendum.

Learn more on our wrongful death practice page and our New Jersey injury law overview.