What Does a Wrongful Death Lawsuit Involve?
Wrongful death lawsuits in New Jersey are filed in civil court. The amount of compensation that a plaintiff received can vary depending upon the circumstances. In some cases, they are filed around the same time that the responsible party is the subject of a criminal prosecution for the act that led to the fatality. While some wrongful death claims are straightforward, others are more complex, which is why it's important to identify who can file this type of lawsuit before you begin the process of doing so.New Jersey Laws Pertaining to Wrongful Death Lawsuits
Each state has its own laws that dictate when and how a wrongful death lawsuit can be filed. In order for a wrongful death claim to be filed, it needs to have qualified as a personal injury lawsuit if the victim had not died. Whether the action that caused the death was intentional or negligent, a wrongful death lawsuit can be filed. Obviously, decedents no longer have the ability to file the claim on their own, so another party will be required to act as the plaintiff. There is also a statute of limitations that applies, just as is the case with a personal injury lawsuit. In New Jersey, the statute of limitations for this type of lawsuit is two years from the date that the decedent died. If you don't remember to file the lawsuit by the end of the two-year period, your claim will likely be barred absent certain exceptions. If you find that the two-year deadline is quickly approaching, it is highly recommended that you speak with a personal injury attorney as soon as possible.Who Is Able to File a Wrongful Death Lawsuit?

- The decedent's surviving parents, siblings, nephews, and nieces
- Anyone who can prove that they were dependent on the decedent
- The decedent's surviving children or grandchildren
- The decedent's surviving spouse
Damages in a Wrongful Death Claim
While wrongful death lawsuits are very similar to personal injury claims, there are some key differences in the types of damages that can be sought. Wrongful death damages can be separated into economic damages and non-economic damages. Economic damages can include funeral expenses, the cost of any medical care and treatment (if any) prior to the victim's death, a loss of expected earnings, a loss of benefits, and a loss of a future inheritance. The loss of benefits could refer to medical coverage or pension plans. As for non-economic damages, these may provide you with more compensation since they are less tangible when compared to economic damages, which means that calculations must occur to determine how much money the affected individual would receive. The main types of non-economic damages that you may be eligible for include:- A loss of guidance, care, advice, and protection
- Pain and suffering or mental anguish as a result of the death
- Loss of consortium
- Loss of companionship or love
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