Wrongful Death

The criteria for wrongful death is fairly simple; was someone at fault for the death of the decedent?

If someone is at fault, then the beneficiaries of the decedent will often file a lawsuit against the person at fault in order to pursue compensation. After the plaintiff has proven the defendant’s legal liability, he or she must establish the type and amount of damages. This may include:

funeral expenses which may have been avoided had the decedent not died
medical expenses which were the result of the defendant’s misconduct
lost future income which may have been the sole of living stipend of the beneficiaries
lost benefits which could include medical insurance coverage that a decedent provided to their dependents
the loss of consortium where a spouse is left to recover from the loss of their beloved
the loss of household contributions including the cleaning, cooking, and laundering that a spouse may perform

Frequently Asked Questions

When a person dies, what is the difference between civil and criminal cases?

Criminal cases arise from the government’s role as the arbiter of justice in our society—in these cases individuals are charged and subsequently punished for committing criminal offences. This is the mechanism by which justice, law, and order are preserved in our country.

A civil case, however, usually involves a dispute between two individuals or organization regarding the rights and duties these agents owe to each other. The burden of proof is much higher in criminal cases (as is the penalty imposed—a criminal sanction such as imprisonment). In civil cases, the judgement against the defendant is most often a monetary value.

If the decedent was unemployed is it still possible to bring a wrongful death case?

Of course.

Imagine the case of a stay-at-home parent, who watches the children, cooks the meals, cleans the homes, makes the repairs, prepares the taxes, mows the lawn, moves the furniture, transports the family, balances the checkbook, does the shopping, and generally cares for everyone, etc.—the death of this individual can be quantified as a “pecuniary loss” and can be pursued in the case of a wrongful death lawsuit.

What is the statute of limitations for wrongful death in New Jersey?

There is a two year window after the death of the decedent for individuals to file their claim of wrongful death. Any claims filed after this time will almost certainly be barred from court.