It only takes a split-second for a tragic event to occur that causes the death of a loved one. A medical mistake made during surgery, a serious workplace accident or a car crash caused by a drunk or reckless driver can all lead to a death that could have been prevented but for the negligence of the surgeon, employer or driver.
Those in New Jersey who lost a loved one due to the negligent act of another may wonder if they have any right to pursue compensation. One avenue of compensation that may be available is filing a wrongful death lawsuit.
Who can file a wrongful death lawsuit and collect damages?
New Jersey law states that a wrongful death lawsuit must be filed by the administrator of the deceased’s estate. However, the deceased’s spouse, and others in the line of intestacy such as children or grandchildren of the deceased, the parents of the deceased, surviving siblings of the deceased and nieces or nephews of the deceased may be able to collect damages in a wrongful death lawsuit.
What damages can be pursued in a wrongful death lawsuit?
New Jersey law states that only financial damages can be pursued in a wrongful death lawsuit. Some types of financial damages include loss of income, funeral and burial costs and loss of services. Note that this does not include recovery for non-financial losses such as mental anguish and loss of companionship.
Sadly, no amount of money can bring back a loved one lost. Still, it can help the deceased’s survivors make ends meet financially as they move forward without their loved one in their lives. Filing a wrongful death suit is one way the deceased’s survivors can pursue the compensation they deserve and hold the wrongdoer accountable for their actions.