When a loved one’s life is cut short because of another person’s negligence or wrongdoing, families are left with unimaginable grief and countless unanswered questions. One of the most common questions that arise during this time is, “Who is legally allowed to file a wrongful death lawsuit in New Jersey?” The answer involves more than just family relationships—it depends on state laws that define who can bring the claim, what compensation can be recovered, and how those damages are distributed.
Understanding New Jersey’s Wrongful Death Law
In New Jersey, wrongful death lawsuits are governed by the New Jersey Wrongful Death Act, N.J.S.A. 2A:31-1 to 2A:31-6. When someone else's negligence, recklessness, or intentional misconduct causes a person's death, this statute enables surviving family members to pursue compensation. The law’s goal is to financially support the deceased’s dependents and hold the responsible party accountable.
However, unlike some other states, individual family members cannot directly file the wrongful death action in New Jersey. Instead, it must be brought by the executor or administrator of the deceased’s estate. This representative files the lawsuit on behalf of the eligible beneficiaries, who may include the spouse, children, and other dependents.
Who Can File a Wrongful Death Lawsuit in New Jersey
Under the law, the person who files the claim must be the personal representative of the deceased’s estate. If the deceased had a will, the named executor typically takes on this role. If there was no will, the court appoints an administrator, often a close family member, to represent the estate.
Although the executor or administrator files the lawsuit, they do so for the benefit of the surviving family members who are entitled to recover damages. These beneficiaries include:
- The surviving spouse and children
- If none, surviving parents
- If no spouse, children, or parents, then surviving siblings, nieces, or nephews who were financially dependent on the deceased
This hierarchy ensures that compensation flows to those who were most closely connected to and financially reliant on the victim.
What Types of Compensation Can Be Recovered?
A wrongful death claim in New Jersey seeks to recover financial losses resulting from the death, not emotional distress. That means damages are typically economic in nature. Families may be entitled to recover compensation for:
- The financial support the deceased would have contributed
- The value of household services such as childcare or maintenance
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of guidance, care, and companionship
New Jersey law focuses on pecuniary (financial) damages, meaning emotional suffering and grief are not recoverable in a wrongful death claim. However, a separate claim called a survivorship action may address the pain and suffering endured by the deceased before death.
Eligibility for a Survivor Action in NJ
A survivor action is closely related to a wrongful death claim but serves a different purpose. It allows the estate to recover for the victim’s conscious pain, suffering, and other losses sustained before passing away. The same personal representative typically files both claims together, but the damages from each are distributed differently.
While wrongful death damages go directly to family members who suffered economic loss, survivorship damages are considered part of the estate and distributed according to the decedent’s will or intestacy laws.
Distribution of Wrongful Death Damages in New Jersey
Once a wrongful death settlement or verdict is awarded, New Jersey law specifies how the money must be distributed. The proceeds do not go through the probate process but are divided among eligible dependents according to their level of financial dependence on the deceased. The court usually oversees this distribution to ensure fairness.
The law favors immediate family members, especially spouses and children, but it may also recognize extended relatives who can prove genuine financial reliance. For example, an adult sibling or grandparent who was financially supported by the deceased could receive a portion of the compensation if no closer relatives exist.
Factors That Affect the Outcome of a Wrongful Death Case in NJ
Several factors influence who can file and what compensation may be awarded in a wrongful death case:
- Marital status of the deceased: Whether the victim was married or had dependent children affects how damages are divided.
- Existence of a will: Determines who will serve as executor and how survivorship proceeds are distributed.
- Level of dependency: Family members must often prove they relied on the deceased for financial or emotional support.
- Type of damages sought: Wrongful death focuses on financial losses, while survivorship actions include pain and suffering.
Understanding these distinctions helps families navigate a complicated process and avoid potential disputes between relatives.
Common Scenarios That Lead to Wrongful Death Claims in NJ
Wrongful death lawsuits can arise from nearly any event where negligence results in a fatality. Common examples include
- Motor vehicle accidents caused by distracted or impaired drivers
- Medical malpractice and surgical errors
- Workplace accidents involving unsafe conditions or defective equipment
- Nursing home neglect
- Dangerous premises or defective products
Each of these cases requires strong evidence that the defendant’s conduct directly caused the death and that surviving family members suffered measurable financial loss.
Statute of Limitations for NJ Wrongful Death Lawsuits
In New Jersey, wrongful death lawsuits must generally be filed within two years from the date of death. Missing this deadline can permanently bar the family from recovering any compensation.
However, there are exceptions in certain circumstances, such as when the death results from a criminal act or when the liable party conceals their wrongdoing. Because timing is critical, families should speak with a wrongful death attorney in New Jersey as soon as possible after the death to preserve their rights.
Key Differences Between Wrongful Death and Criminal Cases
It’s important to understand that a wrongful death lawsuit is civil, not criminal. The purpose is to provide financial compensation, not to punish or imprison the at-fault party. A criminal case, on the other hand, is brought by the state to determine guilt and impose penalties such as jail time.
These cases can occur simultaneously. For example, if a drunk driver causes a fatal crash, the driver may face criminal DUI charges while the victim’s family pursues a wrongful death claim in civil court. Even if the driver is acquitted in criminal court, the family may still win the civil case because the burden of proof is lower.
Wrongful Death and Fatal Accident Statistics in New Jersey
According to the New Jersey State Police, there were 582 fatal motor vehicle crashes resulting in 621 deaths in 2023. Of those fatalities, nearly 30% involved alcohol impairment, and more than 40% were linked to speeding or distracted driving. These numbers underscore the devastating frequency of preventable deaths in the state.
In medical settings, a Johns Hopkins study found that medical errors are the third leading cause of death in the United States, accounting for over 250,000 deaths annually. These statistics demonstrate why wrongful death claims are essential for accountability and for families seeking closure and financial security.
How an Experienced Wrongful Death Attorney Helps Families in NJ
Wrongful death claims are very complex and emotionally demanding. An experienced attorney can help families in several ways:
- Investigate the cause of death and identify all liable parties
- Gather medical, financial, and expert evidence to prove damages
- Negotiate with insurance companies and defense attorneys
- File both wrongful death and survivorship claims where applicable
- Represent families in court if a fair settlement cannot be reached
For many families, having a lawyer manage the legal aspects of the claim allows them to focus on healing while ensuring justice is pursued.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is Just One Phone Call Away
If you have lost a loved one due to another party’s negligence in New Jersey, you deserve answers and accountability. Our compassionate team at Brandon J. Broderick, Attorney at Law, understands how overwhelming this process can be. We work tirelessly to help families secure the compensation they need for financial stability and peace of mind. Whether your case involves a car accident, medical error, or workplace incident, we have the experience to guide you every step of the way.
Contact us today to speak with a dedicated New Jersey wrongful death lawyer who will fight for your family’s future. We are available around the clock to assist you during this very difficult time.