In New Jersey, when someone is killed due to the negligence, recklessness, or intentional misconduct of another person, their estate and surviving family members may have a right of action against the defendant for damages.
Here at Folkman Law, our attorneys have successfully litigated numerous wrongful death and survival actions on behalf of clients. Over the years, we have obtained millions of dollars in damages through hard-fought verdicts and negotiated settlements. Contact us today to learn more about how we can help.
In a wrongful death and survival action, there are two separate classes of plaintiffs seeking separate and distinct damages. These cases are complicated and may not be well understood by first-time plaintiffs (who are otherwise unfamiliar with the process of litigation). Bringing a formal claim against the defendant requires an understanding of the underlying law and the factors that entitle plaintiff to litigate.
Who is Qualified to Bring a Survival Action?
The New Jersey the survivor statute allows the executor or administrator of the deceased person’s estate to file a lawsuit on behalf of the estate. A survival action is one where the plaintiff seeks to recover damages that are incurred between the time of the deceased person’s injury and their death, including medical bills, pain and suffering, and burial expenses.
Who is Qualified to Bring a Wrongful Death Action?
In New Jersey, the Wrongful Death Act allows only the dependents (of the deceased person) to bring a wrongful death action against the defendant and recover damages for the various losses suffered due to the death of their loved one. Qualified dependents include the:
- Nieces and nephews
- And any other dependents
It’s important to note that a surviving family member’s (i.e., dependent’s) right to sue and recover wrongful death damages is unrelated to their position in the estate plan of the deceased individual.
For example, a grandchild might be left out of the estate plan, but could have been receiving substantial financial support from their grandfather — in the event that their grandfather dies as the result of someone else’s negligence or some other wrongful act, then the grandchild would likely have a right to file a wrongful death claim and secure compensation that accounts for the lost financial support (among other damages, such as lost guidance and lost companionship).
Statute of Limitations
New Jersey law imposes a two-year statute of limitations requirement on wrongful death and survival plaintiffs. This two-year deadline period begins to run on the day that the deceased person died. As with other statute of limitations laws, a failure to file one’s wrongful death or survival claim before the deadline will result in an abandonment of the claim. Simply put, a plaintiff will relinquish their right to pursue the claim in a New Jersey court of law if they delay too long.
Contact an Experienced Cherry Hill Wrongful Death Lawyer at Folkman Law for a Free Consultation
Our attorneys have decades of experience representing the interests of victims and their surviving family members in personal injury and wrongful death litigation.
When it comes to wrongful death cases, plaintiffs are often overwhelmed — they may be struggling emotionally to come to grips with the death of their loved one and may also be left in a vulnerable position financially. Under such circumstances, standard representation simply isn’t good enough. Plaintiffs need compassionate, thoughtful guidance. It is our belief that client-centered advocacy is critical to ensuring that the plaintiff can secure adequate compensation in a timely manner.
Please call 856-354-9444 or contact us online to schedule a free and confidential consultation with an experienced Cherry Hill wrongful death lawyer at Folkman Law. We pride ourselves on having highly-accessible legal services. If you have any questions or concerns regarding your wrongful death claim, we encourage you to get in touch whenever is most convenient — we are available 24/7 to respond to inquiries.