If someone is fatally injured or killed because of the wrongful conduct of a person or persons in New Jersey, the decedent’s heirs and other beneficiaries may file a wrongful death action, also known as a wrongful death lawsuit, against those responsible for the decedent’s death. This area of tort law is governed by New Jersey statutes and wrongful death laws. Wrongful death statutes vary from state to state, but in general they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages. Each states wrongful death laws are drafted independently of each other and are often unique, they all follow the same general principles. If you have lost a loved one please do not hesitate to contact a New Jersey wrongful death attorney at Flynn & Associates P.C. They offer free consults and charge no fee if they do not win for you.
What Makes a Wrongful Death Case in New Jersey
A wrongful death claim generally consists of four elements:
- The death was caused, in whole or part, by the conduct of the defendant.
- The defendant was negligent or strictly liable for the victim’s death.
- There is a surviving spouse, children, beneficiaries or dependents.
- Monetary damages have resulted from the victim’s death.
The statute of limitations in New Jersey is variable depending upon the nature of the action and the status of the plaintiff and the defendants. For instance, the general statute of limitations for an injury or death in New Jersey is two years from the date of death; yet in the case of a medical malpractice action, the statute of limitations may be as short as one year, and in a case against a government entity, any lawsuit must first be preceded by the filing of a government tort claim, for which there is a 180 day limitations period. Because the statute of limitations will be different depending upon the case and is often quite complex we recommend you contact an experienced wrongful death attorney at Flynn & Associates today. Our New Jersey wrongful death lawyers and NJ fatal accident attorneys have many years of experience in wrongful death cases and can help determine the appropriate statute of limitations in your case.