Who Can File a Wrongful Death Lawsuit?
People die every day, but in some cases, a person’s death may be considered wrongful. Wrongful death involves the death of a human being as the result of another person’s negligent, reckless, or intentional act. Some examples include car accidents, workplace accidents, defective products, dog attacks, drownings, and amusement park accidents.
If your loved one was killed due to someone else’s wrongful acts, you may be able to file a lawsuit. A wrongful death lawsuit allows families to seek compensation for their tragic loss and hold responsible parties accountable.
Wrongful death claims differ from other types of personal injury cases as they address specific losses of the surviving family members. By filing a wrongful death lawsuit, families may recover compensation for losses like medical expenses, funeral costs, and financial support.
In New Jersey, a wrongful death lawsuit can only be filed by the estate representative on behalf of beneficiaries. The estate representative, or executor, is either named in the deceased's will or appointed by the court if no will exists. This is important to understand because in most other states, a family member can file a wrongful death lawsuit directly.
In New Jersey, the personal representative is responsible for filing the wrongful death claim on behalf of the estate and the eligible surviving family members. Although they handle the legal proceedings, the claim is ultimately pursued not for the estate but for the benefit of qualified survivors. This means that even if you had a close relationship with the deceased, you cannot file a wrongful death claim unless you are officially appointed as the estate’s personal representative.
Under New Jersey law, only certain individuals are eligible to receive compensation from a wrongful death settlement. These beneficiaries may include:
- The surviving spouse.
- Children and other descendants (including adopted children).
- Parents of the deceased.
- Siblings, nieces, and nephews, if there is no surviving spouse, child, or parent.
- Other relatives who can demonstrate financial dependence on the deceased.
New Jersey uses a hierarchy to determine eligibility, giving priority to those closest to the deceased. Distant relatives generally are not entitled to compensation unless they can show they relied financially on the deceased.
Note that compensation is not divided equally. Instead, the court allocates the settlement based on each beneficiary’s financial dependence on the deceased.
When minor children are entitled to compensation, the court usually appoints a guardian ad litem to safeguard their interests throughout the legal process. Any settlement involving minors must be approved by the court, and the awarded funds are typically placed in restricted accounts until the children reach adulthood. In most cases, stepchildren are not eligible to receive damages unless they were legally adopted by the deceased.
Contact Us Today
Dealing with a loved one’s unexpected death can be a devastating situation. In some cases, you can file a lawsuit to recover compensation for your losses.
The New Jersey wrongful death lawyers at Leonard Legal Group can provide you with strong legal representation as we help you through this difficult time. To schedule a consultation, contact us via (973) 984-1414 or online here.