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Who can sue for wrongful death in New Jersey?

On Behalf of | Jan 12, 2023 | Personal Injury |

If your loved one’s death is attributable to someone else’s negligent actions (like a fatal car crash), you need to fight for justice on behalf of your departed kin.

Like the other states, New Jersey has a set of laws that govern how you can pursue a wrongful death claim. Understanding how these laws work is key to ensuring that you get a favorable outcome for your claim.

Understanding a wrongful death claim

Death is deemed wrongful when it is occasioned by another person or entity’s unlawful or negligent actions. A wrongful death claim is designed to compensate family members and relatives who otherwise depended on the decedent for support and companionship. This civil lawsuit is independent of a criminal prosecution that may ensure following your loved one’s death. For instance, if a motorist operates a vehicle while drunk, leading to a fatal accident, they might face both criminal (DUI) and wrongful death suits concurrently.

So who can file a wrongful death claim in New Jersey?

Under New Jersey law, the following parties can file a wrongful death claim.

  • The personal representative of the decedent’s estate
  • The decedent’s surviving spouse, domestic partner or children
  • The decedent’s parents (if they are not survived by a spouse or children)

In the absence of the above, the decedent’s relatives may file a wrongful death claim provided they can prove that they depended on the victim at the time of their death.

Pursuing justice on behalf of your beloved

If you have lost a loved one as a result of someone else’s negligence, you do have legal options to explore. This will ensure that you receive the financial restitution you are entitled to during those challenging times.