Call Today (732) 965-3801

NJ Personal injury LAWYERS

Speak with an Attorney Today

We offer free consultations and there’s no fee unless we recover for you

What Are The Most Likely Causes of Wrongful Death?

Render illustration of Wrongful Death title on Legal Documents

Wrongful Death is the result of a wrongful act, neglect or default. N.J.S.A. 2A:31-1 When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued shall be liable in an action for damages, notwithstanding the wrongful death of the person injured and although the death was caused under circumstances amounting in law to a crime.

The most common wrongful death incidents involve:

  • Car accidents,
  • Medical malpractice
  • Construction accidents

What Can be Done if Someone You Love Has Died in a Wrongful Death in New Jersey?

  • The estate or heirs of someone who has died in a wrongful death can bring a wrongful death claim.
  • The wrongful death claim must be filed within 2 years after the death
  • A claim for damages under the New Jersey Wrongful Death Act can be filed
  • A jury can award additional damages

New Jersey Wrongful Death Statutes

N.J.S.A. 2A:31-2: Persons entitled to sue or make claim

Every action commenced under this chapter shall be brought in the name of an administrator ad prosequendum of the decedent for whose death damages are sought, except where decedent dies testate and his will is probated, in which event the executor named in the will and qualifying, or the administrator with the will annexed, as the case may be, shall bring the action.

N.J.S.A. 2A:31-3: Limitation of actions; exceptions

Every action brought under this chapter shall be commenced within 2 years after the death of the decedent, and not thereafter, provided, however, that if the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity or adjudicated delinquent, the action may be brought at any time.

N.J.S.A. 2A:31-4. Persons entitled to amount recovered
The amount recovered in proceedings under this chapter shall be for the exclusive benefit of the persons entitled to take any intestate personal property of the decedent, and in the proportions in which they are entitled to take the same except if there is a surviving spouse of the decedent and one or more surviving descendants of the decedent they shall be entitled to equal proportions for purposes of recovery under this chapter notwithstanding the provisions of Title 3B of the New Jersey Statutes. If any of the persons so entitled in accordance with this section were dependent on the decedent at his death, they shall take the same as though they were sole persons so entitled, in such proportions, as shall be determined by the court without a jury, and as will result in a fair and equitable apportionment of the amount recovered, among them, taking into account in such determination, but not limited necessarily thereby, the age of the dependents, their physical and mental condition, the necessity or desirability of providing them with educational facilities, their financial condition and the availability to them of other means of support, present and future, and any other relevant factors which will contribute to a fair and equitable apportionment of the amount recovered.
N.J.S.A. 2A:31-5. Assessment of damages by jury

In every action brought under the provisions of this chapter the jury may give such damages as they shall deem fair and just with reference to the pecuniary injuries resulting from such death, together with the hospital, medical and funeral expenses incurred for the deceased, to the persons entitled to any intestate personal property of the decedent in accordance with the provisions of N.J.S.2A:31-4.

Personal Injury Attorney In Ocean County

If you have lost a loved one due to a wrongful death, you may be entitled to financial compensation for your loss. Call 732-965-3801 for a free consultation with an attorney from Villani & DeLuca. Our team of experienced attorneys have been representing clients against personal injury claims for over 20 years.