Accidents are an unexpected occurrence, resulting in harms the victim is not prepared for. And when a victim dies because of an accident, their loved ones are overwhelmed by the sudden and unexpected loss.
This tragic event can be emotional and challenging to navigate; however, it is an event that affords surviving family members with the right to seek compensation for the losses and damages caused by the accident. As such, it is important to understand your rights and what steps are required when considering a personal injury action or other civil suits.
New Jersey wrongful death laws
Under New Jersey law, eligible individuals may file a wrongful death suit. Those eligible include the spouse, children or grandchildren of the decedent, the decedent’s parents, siblings, nieces or nephews of the decedent or any individual that can demonstrate that they were a dependent of the decedent at the time of their death.
When filing a wrongful death action, the four elements of negligence need to be proven. This includes proving that the negligent party had a duty to the decedent, that duty was breached by the negligent party, this breach of duty caused the death of the decedent and their death resulted in damages.
Recoverable damages
In New Jersey, the surviving family members of the decedent can recover compensation for the damages suffered due to the death of the decedent. This includes loss of income, reasonable funeral and medical expenses and loss of services.
Only financial losses are recoverable in New Jersey. This means that nonpecuniary losses, such as mental anguish, emotional pain and suffering and the loss of companionship, cannot be recovered in a wrongful death action.
There is a two-year statute of limitations in the state of New Jersey, which means the wrongful death action must be filed within two years of the decedent’s death. This civil suit can be emotional and complex, making it imperative that you timely understand your rights and options in the matter.