Filing a New Jersey Wrongful Death Action
Losing someone because another person or company did not act with reasonable care can leave you shocked, angry, and unsure where to start. You may also be trying to keep a household running while bills arrive and income stops. Our team can handle communications, protect you from pressure, and keep the focus on what happened and why the responsible party should answer for it.
The law was created to make filing a wrongful death claim in New Jersey less painful. This type of claim is for families who have lost essential support and stability due to a preventable death caused by someone else. Our attorneys will explain the court process, manage the paperwork, and keep you updated throughout the case so you are always informed.
Who Can File and What the Case Covers
In New Jersey, the person legally appointed to act for the estate, not by individual family members in their own names, files the wrongful death case. A wrongful death action is brought in the name of an administrator ad prosequendum, administrator, or executor, depending on the estate paperwork.
Once a proper representative is appointed, the claim centers on the financial losses caused by the death. These typically include the income the deceased would have earned, the value of household services they provided, and reasonable funeral expenses. Families are also informed about a separate estate claim that can be filed alongside the wrongful death suit. The estate’s representative can seek damages for losses that belonged to the deceased, including those incurred from the time of injury until death.
Evidence That Supports a Wrongful Death Claim
When filing a wrongful death claim in New Jersey, you need proof of how the incident happened and why the defendant is responsible. We act early to secure records that can disappear or change. When needed, we can work with accident reconstructionists and other qualified professionals who can analyze physical evidence, vehicle data, and scene measurements to support the reconstruction of the incident.
Evidence that often matters includes:
- Police reports, incident reports, and 911 records
- Photos, video, and surveillance footage before it is overwritten
- Witness statements and contact information
- Medical records tied to the final injury, including hospital and emergency transport records
- Employment and earnings records to document income history and benefits
- Records that show what a company knew and what it did or failed to do
We also build the damages record with care, including documentation of household services and financial support that ended with the death.
How Long Do You Have To File a Wrongful Death Claim?
There is a filing deadline for wrongful death actions in New Jersey. According to New Jersey Statutes § 2A:31-3, every action brought under the wrongful death chapter must be commenced within two years after the death of the decedent, with limited exceptions stated in the statute. Waiting can also make it harder to secure the evidence. Video may be erased, witnesses may move, and records may be lost or changed. We provide assistance early to protect what matters while you focus on your family.
Talk With a New Jersey Attorney About Filing a Wrongful Death Claim
Filing a New Jersey wrongful death action is not just about paperwork. It is a serious process that requires proof and a damages presentation that reflects the full financial impact of the loss. If you are considering filing a claim for your losses, call Garces, Grabler & LeBrocq to talk with us. We will listen, explain what happens next, and begin building a case that is ready to be tried if that is what it takes to pursue full value.
