| Read Time: 2 minutes | Frequently Asked Questions
nj who can file wrongful death claim

When a loved one dies because of the wrongful acts of another, the impact can be devastating.

You and your family are left to grieve the loss of your loved one and endure the trauma of knowing that someone else caused their death.

A New Jersey wrongful death suit allows those left behind to seek compensation for the financial losses and psychological pain. 

Amid your grieving, it can be overwhelming to decide what to do to seek justice.

A wrongful death attorney can help ease your burden and help you understand who can file a wrongful death suit. 

Wiley Lavender Maknoor, PC, understands your pain and is here to help you take the legal steps necessary to seek compensation and hold the at-fault parties accountable. 

What Is a Wrongful Death Claim?

A wrongful death claim is a type of personal injury lawsuit. The underlying claim is that someone else’s negligent or intentionally wrongful conduct caused your loved one’s death.

Wrongful death claims that stem from other personal injury actions include:

  • Product liability, 
  • Negligence,
  • Premises liability, 
  • Medical malpractice, 
  • Motor vehicle accidents, or 
  • Pedestrian accidents.

In a wrongful death claim, you or your attorney must prove the underlying personal injury claim. Then you must prove that the incident creating that claim caused your loved one’s death. 

Who Can File a Wrongful Death Suit?

New Jersey has important rules about who can file a wrongful death lawsuit.

Essentially, the person who oversees your loved one’s estate as the administrator or executor may file the lawsuit.

If your loved one had a will and the will was filed in probate court, the will’s executor is the person who can file the wrongful death claim.

A court-appointed administrator files the lawsuit if your loved one doesn’t have a will or the will wasn’t filed with the probate court when the wrongful death action was filed.

Whoever files the wrongful death claim does so on behalf of the surviving family members.

Any compensation they seek is on behalf of the surviving family members and will be paid out to the family according to New Jersey law

When Do I Need to File a Wrongful Death Case?

The statute of limitations (or deadline) by which you need to file a New Jersey wrongful death claim is two years from the date of your loved one’s death.

But if murder, manslaughter, or aggravated manslaughter was the cause of death, you may have longer to file the wrongful death claim. 

Talk to an experienced wrongful death lawyer to help you understand the deadlines that apply to your case. 

Wiley Lavender Maknoor, PC—New Jersey Wrongful Death Lawyers You Can Trust

The wrongful death attorneys at Wiley Lavender Maknoor, PC understands how difficult this time is for you and your family.

Filing a lawsuit cannot undo what’s been done, but it can help you find peace and receive compensation that can help you move forward with your life despite this immense loss. 

Our team provides the attention and compassion of a small law firm with the capabilities of a large firm. To schedule your free consultation, call 732-494-6099 or contact us online today.

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