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Who can file for wrongful death in New Jersey?

On Behalf of | Oct 24, 2019 | Wrongful Death

Any New Jersey resident who has ever lost a loved one knows that, no matter what the circumstances, it is not easy. However, in the event that your loved one died due to the negligence of a third party, that pain and suffering is easily compounded. Not only do you need to wrangle with the loss, but you potentially also need to figure out how you are going to move on from the death financially, particularly if it was unexpected. This very situation is the basis for a wrongful death lawsuit. However, the rules for filing wrongful death are different in various States. In order to file a wrongful death suit, according to the State of New Jersey, you must be the deceased person’s rightful heir, or otherwise, be able to prove financial dependence upon the deceased.

Unlike in many other states, the amount that may be awarded in a wrongful death case in the state of New Jersey is measured by financial impact and not emotional impact. Essentially, you are not going to obtain greater monetary compensation if you try to file loss of companionship, and it is not lawful to do so. The only compensation you can get in a New Jersey wrongful death case involves funerary costs, loss of income, and loss of services.

If you are interested in filing a wrongful death suit in the state of New Jersey, you will need to act quickly after the death. Most of the time, if wrongful death is filed more than two years after the event in question, it will be thrown out of court due to the statute of limitations.


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