Losing a wrongful death lawsuit can leave you wondering whether the court missed something important. In New Jersey, a final judgment in a wrongful death case can generally be appealed, but an appeal does not give the parties a new trial. The Appellate Division reviews the trial court record to decide whether an error warrants changing the result.

The distinction between a lawsuit and a claim matters here. This article addresses appeals from court judgments. A disagreement with an insurance company or regret about an accepted settlement involves different questions. If your case ended with a court judgment, the deadline to seek appellate review can arrive quickly.

Key Takeaways: Can You Appeal a Wrongful Death Judgment in New Jersey?

• A final judgment in a New Jersey wrongful death lawsuit can generally be appealed to the Appellate Division.
• An appeal usually focuses on errors in the trial court proceedings. It is not a chance to call new witnesses or present the case again.
• A notice of appeal generally must be filed within 45 days after entry of the final judgment.
• Certain timely post-trial motions can pause the appeal deadline, but they do not necessarily start a new 45-day period.

When Can You Appeal a Wrongful Death Judgment?

A wrongful death lawsuit may end after a trial, or the court may enter a judgment without one. In either situation, the usual starting point for an appeal is a final judgment—one that resolves the case as to all parties and claims. Earlier rulings generally must wait for review until the case ends, although New Jersey's rules allow a party to seek permission to appeal certain orders before then.

New Jersey's Wrongful Death Act permits an action when a person's death results from a wrongful act, neglect, or default under circumstances in which the person could have sued had they survived. The action is brought by a representative for the benefit of eligible survivors.

A disappointing result alone does not establish grounds for an appeal. The question is whether something that happened in the trial court provides a basis to challenge the judgment under New Jersey's appellate rules.

Appeal vs. Post-Trial Motions

After a judgment, a party may have more than one way to challenge what happened. The right procedure depends on the issue.

A post-trial motion asks the trial court to revisit a ruling or take another action, such as ordering a new trial. An appeal asks the Appellate Division to review the trial court's decision. For example, a challenge to a jury's damages award may call for a post-trial motion before appellate review.

These procedures have different deadlines. Under Rule 2:4-3, certain timely post-trial motions pause the time for filing an appeal. When the trial court decides the motion, the remaining time begins running again. A motion does not necessarily give a party a fresh 45 days to appeal, and not every filing pauses the deadline.

What Issues Can Be Raised on Appeal?

An appeal may address a question about how the trial court handled the case. Depending on what happened, issues might include:

• whether the court applied the correct law;
• whether evidence or expert testimony was improperly admitted or excluded;
• whether the jury received legally correct instructions; or
• whether a ruling or verdict can be challenged under the applicable standard of review.

Appellate judges generally work from the record created in the trial court. They do not ordinarily hear witnesses or accept new evidence to build a stronger version of the case. The New Jersey Courts' guide to appellate review standards also explains that different kinds of trial court decisions receive different levels of review.

Suppose a judge excluded an expert's testimony before the jury heard it. An appeal might ask whether that ruling was erroneous and affected the judgment. The appellate judges would review the ruling and the existing record; they would not have the expert testify before them for the first time.

How Long Do You Have to File an Appeal in New Jersey?

Under Rule 2:4-1, a notice of appeal from a final judgment generally must be filed within 45 days after the judgment is entered. As discussed above, certain timely motions can pause that period. The precise deadline depends on the judgment, any qualifying motions, and when the relevant orders were entered.

That is why it helps to review the judgment and possible grounds for appeal promptly. Obtaining transcripts and evaluating what happened at trial can take time, but those steps do not, by themselves, pause the filing deadline.

What Happens During a Wrongful Death Appeal?

An appeal proceeds mainly through the trial court record and written legal arguments. Typically, the parties arrange for the relevant transcripts and other record materials, submit briefs explaining their positions, and await the Appellate Division's decision. The court may also schedule oral argument.

The Appellate Division may affirm the judgment, reverse it in whole or in part, or send the case back to the trial court for further proceedings. A remand does not automatically mean there will be a new trial; what happens next depends on the appellate court's decision.

Frequently Asked Questions

Can I appeal if my family lost at trial?

Possibly. Losing does not, by itself, establish grounds for an appeal. The judgment and trial record must be reviewed to determine whether there is a basis to challenge the result.

Can an appeal change a wrongful death damages award?

It can, depending on the issue and the court's ruling. A challenge to a damages award may also require an appropriate post-trial motion. An appeal does not simply ask a new set of judges to choose an amount they prefer.

Does an appeal mean there will be another trial?

No. The Appellate Division usually decides an appeal from the existing record and the parties' legal arguments. If it sends the case back to the trial court, the additional proceedings depend on the instructions in its decision.

Can I appeal a wrongful death settlement?

An accepted settlement is different from a judgment reached after the court decides a disputed case. Someone who wants to challenge a settlement should have its terms and the circumstances reviewed; dissatisfaction with the agreed amount does not, by itself, create an ordinary appeal.

Discuss Your Options With Brandon J. Broderick, Attorney at Law

After losing someone you love, reviewing a court judgment can feel like one more difficult step. You may know the outcome feels wrong without knowing whether there is a legal basis to challenge it. The judgment, trial record, and filing dates can help answer that question.

Brandon J. Broderick, Attorney at Law, can review the decision and explain what options may remain available. Contact us today.