Am I Eligible to File a Wrongful Death Claim in New Jersey?

A wrongful death occurs when an individual sustains a fatal injury as a result of another person’s negligence. Such negligence can occur in a wide array of accidents, whether it be an auto accident, workplace accident, medical malpractice, dog bite, defective product, slip and fall, etc. If your loved one, unfortunately, suffered a wrongful death and you are now enduring a financial burden, then continue reading to see how an experienced Morris County, New Jersey wrongful death lawyer at The Macri Law Firm can guide you through the claims process ahead.

Can I file a wrongful death claim in the state of New Jersey?

Unique to most states, New Jersey law requires that you be named on the decedent’s will, or otherwise entitled to a share of the decedent’s estate, to be entitled to compensation via a wrongful death claim. This is the case unless you can prove that you were financially dependent on the decedent, whether you are a surviving spouse, child, etc., before they passed away.

What is New Jersey’s Wrongful Death Act?

Also unique to most states, New Jersey has an act that states that if are entitled to bring forward a wrongful death claim, you may do so, but you will most likely not receive 100 percent of the compensation you win in the claim. This is because any damages that you recover from your claim are added to the monetary amount of compensation dispersed to all dependents. For example, if you are entitled to 50 percent of the decedent’s estate, you will receive 50 percent of that additional compensation you won in your claim.

What are some recoverable damages in a wrongful death claim?

If you lost your loved one as a direct result of another party’s negligence, you can recover a wide array of damages via a wrongful death claim. Such damages can be economic or non-economic, and commonly include the following:

  • Economic damages:
    • The cost of funeral expenses.
    • The cost of medical care given to your loved one before they passed away.
    • The cost of lost wages that your loved one would have provided in the future.
  • Non-economic damages:
    • Pain and suffering.
    • The loss of enjoyment of life.
    • The loss of care, companionship, and guidance.

It is important to add that New Jersey’s statute of limitations for wrongful death claims is typically two years from the date of your loved one’s death. Failure to do so will ultimately bar you from suing. To ensure that you receive financial compensation and justice, contact a skilled Parsippany, New Jersey personal injury lawyer as immediately as possible.


If you require the services of an experienced team of attorneys for legal matters related to estate planning, personal injury, or medical malpractice, contact The Macri Law Firm today to schedule a consultation.