Among the most difficult cases that Chamlin, Uliano & Walsh manage involve the untimely passing of a loved one. Our legal team recognizes that the families we represent are often experiencing a combination of profound grief and intense frustration as they try to pick up the pieces.
As your legal counsel, we focus on providing empathetic support while simultaneously utilizing our extensive resources and legal knowledge to evaluate your claim and seek the financial recovery your family deserves. Established in 1960, our firm offers over 60 years of trusted legal representation in New Jersey. With two generations of leadership and over $100 million recovered for our clients, we understand the stakes involved in these sensitive matters.
If you have recently lost a family member in a fatal accident in Monmouth County, it may help you to gain a clearer perspective on the mechanics of a wrongful death lawsuit in New Jersey.
It is often surprising to families that, even with the high emotional toll of these events, New Jersey statutes generally restrict recovery to actual economic losses. However, specific legal avenues exist to pursue compensation for the terror or pain the deceased person felt before they passed, as well as the distress felt by family members who were present during the accident.
Requirements to Pursue a Wrongful Death Claim in New Jersey
In New Jersey, a wrongful death action is appropriate when a death is the direct result of a wrongful act, neglect, or the default of another party.
The simplest way to view these cases is that if the victim, or decedent, would have been eligible to file a personal injury lawsuit had they survived their injuries, a wrongful death claim can likely be filed.
Proving negligence is a requirement, much like any other injury-based litigation. To hold a party liable for the loss, four specific criteria must be met:
- Duty – You must show the party had a legal obligation to act with care toward the victim. For example, a driver has a duty to operate their vehicle safely to avoid harming others on the road.
- Breach – It must be proven that the party failed in that duty, perhaps by speeding through a school zone or operating a vehicle while under the influence.
- Causation – The careless behavior must be the direct reason for the death. In other words, if the party had not acted recklessly, the victim would still be alive today.
- Damages – Those eligible under the New Jersey Wrongful Death Act must have experienced actual financial losses as a result of the passing.
We provide further detail on those specific damages below.
Eligibility For Filing a Wrongful Death Claim in New Jersey
Under state law, a wrongful death lawsuit is filed by the personal representative of the estate on behalf of the survivors. This representative is usually the executor named in a will, or if no will exists, an administrator appointed by the probate court.
The legal action is intended to benefit family members who would naturally inherit from the decedent under New Jersey intestacy laws. This typically includes the surviving spouse and children.
To receive a portion of the recovery, the survivor must usually show they were actually dependent on the deceased person for financial support. A family relationship alone is sometimes not enough to secure a portion of the award.
What Can Be Recovered in a Wrongful Death Lawsuit?
Recoverable damages are centered on economic loss rather than emotional pain:
- Loss of income – This includes the wages and benefits the victim would have reasonably earned and provided to their family over their expected career. We often work with economists who calculate this by looking at the victim’s current earnings, subtracting what they would have spent on themselves and their taxes, and projecting that number into the future.
- Loss of services – This covers the economic value of the guidance, training, and household contributions the victim provided. To prove this, we look at what it would cost to hire someone to perform those roles, such as the cost of a nanny for childcare, a housekeeper for chores, or a professional for home maintenance.
- Reasonable funeral and medical expenses – These are straightforward costs verified by invoices and payment records.
The final award should account for financial losses from the date of the accident through the trial, as well as the present value of future financial contributions the family will no longer receive.
Certain benefits, like workers’ compensation death payments, may sometimes reduce the total amount the family can recover from the lawsuit.
Assessing Emotional and Punitive Damages in New Jersey
The emotional distress following an unexpected death is staggering, yet New Jersey law focuses primarily on pecuniary damages, which are objective financial losses. This means the emotional suffering of the family is not a standard part of a wrongful death award. Punitive damages, which serve to punish the wrongdoer, are also rare and usually reserved for cases involving extreme recklessness, such as drunk driving.
However, other legal paths might be available alongside the wrongful death claim. For instance, if a family member witnessed the accident and is experiencing severe psychological trauma, they might pursue a claim for negligent infliction of emotional distress. Furthermore, the New Jersey Survival Act allows the estate to seek damages for the physical pain the victim felt in the moments before their death.
Our attorneys work closely with you to find the most effective way forward. We can explore every available claim to maximize your recovery, including the loss of companionship and advice. Having an experienced legal team is a vital part of going through this process successfully.
Time Limits to Bring a Wrongful Death Claim in New Jersey
The timeframe for filing a lawsuit is known as the statute of limitations. For most wrongful death actions in New Jersey, the claim must be initiated within two years of the date the death occurred.
New Jersey maintains very strict rules for these proceedings. Despite these hurdles, a lawyer who understands the nuances of the law can help demonstrate the full financial impact of your loss, including the loss of household services and the loss of society of your loved one. If you need assistance, contact Chamlin, Uliano & Walsh in Monmouth County at (732) 229-3200.