Losing a loved one is a profound personal tragedy. People go through intense changes in their emotional experiences and family dynamics after someone dies. Their financial stability and personal obligations may shift abruptly as well.
In some cases, the people affected by a sudden and unexpected passing may have the option of taking action in the civil courts. A wrongful death lawsuit is a type of personal injury litigation that can help hold people or businesses accountable for causing a death.
Provided that there is evidence that negligence or misconduct contributed to a tragedy, the people left behind may be able to ask the courts for justice. New Jersey state law imposes numerous restrictions on wrongful death lawsuits. People grieving an unexpected death need to understand the three rules below if they hope to pursue justice in the civil courts.
The law limits how long people have to file
A statute of limitations is a law restricting certain legal actions. Current New Jersey statutes limit how long those affected by the misconduct of others have to take action. With rare exceptions for special circumstances, wrongful death litigation is typically only possible for up to two years after the date of an individual’s death. People who let their grief delay them from taking legal action may lose the opportunity to pursue justice.
Only one party can file the lawsuit
Even if a person or business is at fault for someone’s death, it might be unfair for that same party to face multiple lawsuits from a variety of different people. As such, typically only one wrongful death action is possible after a tragedy. The law restricts who can file that lawsuit to prevent scenarios where multiple plaintiffs take legal action over the same incident. The personal representative overseeing the estate of the decedent is the only party with the lawful authority to initiate a wrongful death lawsuit.
The tragedy must have had an economic impact
Many premature passings have profound personal consequences, but not all of them have practical, financial implications. Typically, there need to be economic losses that the courts can verify for a wrongful death lawsuit to be an option. Medical expenses, lost wages and other financial consequences of a tragedy can contribute to the amount of compensation sought through litigation.
Families hoping to take legal action after losing a loved one may need help evaluating the situation and adhering to state statutes, and that’s okay. Filing a wrongful death lawsuit can help families recover their financial losses after a tragedy.
