Rebuilding after the unexpected death of a family member can take years. The closer the relationship was, the harder it may be to move on after a tragedy. Those affected by a sudden passing might hope to obtain justice from the courts.
In some cases, the state may prosecute people who cause the death of others through unsafe behavior or illegal activity. Other times, a business or individual may cause a death in a situation that does not reach the necessary standard for criminal prosecution. However, there is little doubt that an outside party has direct responsibility for someone’s death.
Those affected by a tragedy may want justice, and they may decide to go to court to pursue it. A wrongful death lawsuit can give families a sense of justice by declaring another party at fault for a death. Wrongful death lawsuits can provide compensation for those affected by a tragedy.
Who can file a wrongful death lawsuit in New Jersey?
The law empowers one specific person
Numerous different people may feel the impact of someone’s sudden passing. Spouses, children, close friends and even business partners may grieve the death of an individual and experience financial setbacks because of their passing.
The law does not allow each party affected by the passing to initiate litigation on their own. Instead, there’s typically only one wrongful death lawsuit possible and only one party with the necessary authority to take legal action.
Under current New Jersey statutes, the personal representative or executor of an estate can initiate a wrongful death lawsuit. They can seek compensation for the economic losses generated by the tragedy including funeral expenses, lost wages and even non-economic losses experienced by surviving family members.
If they prevail during litigation, the personal representative then needs to distribute the proceeds from the lawsuit appropriately among the immediate surviving family members of the decedent, possibly after also using proceeds for necessary probate expenses. Family members may need to discuss the potential need for a wrongful death lawsuit with the individual administering the estate of their deceased loved one.
Timely action is necessary, as the state statute of limitations requires the initiation of a wrongful death lawsuit within two years of an individual’s passing. Wrongful death lawsuits can potentially provide families emotional closure and can reduce the economic harm a tragedy causes. Learning New Jersey’s rules for holding outside parties accountable for a tragedy can help those grieving an incident pursue justice accordingly.