Who Can File A Wrongful Death Lawsuit In NJ?

By Doug Standriff on September 19, 2025

Determining who can file a wrongful death lawsuit is a crucial step for families pursuing justice after the loss of a loved one in New Jersey. When a person’s death is caused by another party’s negligence, such as a car accident, medical error, or workplace incident, surviving relatives may have the right to seek compensation.

However, only certain individuals have the legal authority to file the claim. This makes it essential to understand who qualifies to protect your family’s rights and financial security.

Understanding Wrongful Death Under New Jersey Law

A wrongful death claim is a civil action filed when a person dies as a result of another’s negligent or wrongful conduct.

Under New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1), the law allows certain individuals to pursue compensation for the financial and emotional losses caused by the untimely death. These cases can stem from many situations, including motor vehicle accidents, medical malpractice, defective products, or unsafe workplace conditions.

Unlike criminal cases, which seek to punish the wrongdoer, wrongful death lawsuits focus on compensating the surviving family for their losses. To succeed, the claimant must prove that the defendant’s negligence directly caused the death and that the deceased would have been entitled to compensation if they had survived.

Who Can File A Wrongful Death Lawsuit in NJ?

Under New Jersey law, only a specific person has the right to file a wrongful death lawsuit: the executor or personal representative of the deceased person’s estate. This individual is often named in the deceased’s will. If no will exists, the court appoints an administrator, typically a close family member, to represent the estate in the lawsuit.

Although the personal representative files the case, they do so on behalf of the deceased’s beneficiaries. These beneficiaries are the people who were financially dependent on the deceased or who are legally entitled to recover damages. They include:

The surviving spouse and children: They are the first to benefit from any compensation awarded.
Parents of the deceased: If there is no surviving spouse or child, parents may recover damages, especially if they were financially dependent.
Other dependents or relatives: In the absence of immediate family, siblings, nieces, nephews, or others who relied financially on the deceased may be eligible to receive compensation.

When the case is resolved, damages are distributed among these beneficiaries according to New Jersey’s intestacy laws, based on the level of dependency and the nature of the relationship.

What Damages Can Be Recovered

The purpose of a wrongful death claim is to compensate the surviving family for the financial impact of their loss. Under New Jersey law, recoverable damages include:

Economic losses: These include lost wages, benefits, medical expenses incurred before death, and funeral costs.
Loss of support and services: The value of household contributions, care, and assistance the deceased provided to the family.
Loss of guidance and companionship: The emotional and moral support the deceased offered to loved ones.
Loss of inheritance: Future financial contributions or assets the deceased would likely have earned.

It’s important to note that punitive damages (meant to punish the wrongdoer) are generally not recoverable in wrongful death actions in New Jersey, though they may be pursued under a separate survivor action if appropriate. A skilled attorney helps families calculate the total value of these damages and ensure that every recoverable loss is documented and pursued.

Why Legal Representation Matters

Wrongful death cases are complex, involving detailed investigations, witness interviews, expert testimony, and financial calculations. A professional wrongful death lawyer in Bergen County has the experience to navigate these challenges effectively. They can gather evidence, handle communication with insurance companies, and negotiate fair settlements that reflect the true value of the family’s loss.

In some cases, the defendant may deny responsibility or argue that the deceased shared fault. This is where a lawyer’s trial experience becomes vital. A qualified attorney who understands New Jersey’s civil litigation process can present persuasive arguments in court if a settlement cannot be reached.

Families also benefit from hiring a law firm that understands the local courts and community. Bergen County residents, for example, can work with attorneys familiar with judges and procedures in Hackensack or nearby towns. Legal guidance ensures the case progresses efficiently and that deadlines are met while the family focuses on healing.

Time Limits for Filing a Wrongful Death Lawsuit in NJ

Like other civil claims, wrongful death cases in New Jersey are governed by a statute of limitations. Generally, the claim must be filed within two years of the date of the deceased’s death. Missing this deadline can permanently bar the family from seeking compensation.

There are rare exceptions, such as cases involving minors or certain criminal investigations, but they are uncommon. Acting promptly enables the attorney to secure evidence, contact witnesses, and assess liability while the details are still fresh. The sooner a family learns who can file a wrongful death lawsuit, the better their chances of protecting their legal rights and recovering fair compensation.

How Wrongful Death Differs from Other Injury Claims

A wrongful death claim is different from a typical personal injury case. In a personal injury lawsuit, the injured person files the claim directly. In a wrongful death case, since the victim has passed away, the estate representative files on behalf of the surviving relatives.

Another key distinction lies in the types of compensation. Personal injury claims may include pain and suffering experienced by the victim, while wrongful death claims focus on the losses experienced by the family.

In cases where death results from a work-related incident, such as a construction accident or industrial exposure, the claim may overlap with workers’ compensation laws. Families in such situations can benefit from consulting a professional workplace injury lawyer in Bergen County, who understands both wrongful death and workplace injury statutes.

What To Expect When You File a Claim

Filing a wrongful death lawsuit begins with the estate’s personal representative meeting with an attorney to evaluate the case. The attorney will review available evidence, including accident reports, medical records, and witness statements. After the claim is filed, the discovery process begins, during which both sides exchange evidence and expert opinions.

The majority of wrongful death cases are settled outside of court, but if a fair agreement cannot be reached, the case may proceed to trial. During this process, the attorney advocates for the beneficiaries’ rights, seeking compensation for financial and emotional losses.

Once the case concludes, the court supervises how damages are distributed among eligible family members based on their dependency and relationship to the deceased.

Understanding Your Legal Options After a Wrongful Death

Knowing who can file a wrongful death lawsuit gives families the foundation they need to pursue justice. Acting quickly, understanding the law, and working with an experienced attorney can significantly impact the outcome of the case.

At Bergen Law, we’ve handled injury cases for over 30 years, combining deep legal knowledge with trial-tested experience. Our certified civil trial attorney and dedicated legal team in Hackensack, Paramus, Maywood, and Rochelle Park have helped countless families navigate the challenges of wrongful death claims.

We treat every case with care and professionalism, knowing that behind every lawsuit is a story of loss, love, and hope for justice.