What to Know About Wrongful Death Claims in New Jersey

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If you lost a loved one due to wrongful death, you may be entitled to compensation. Read this blog and reach out to our skilled New Jersey personal injury attorneys today to learn more about your options. Our dedicated legal team is here for you during this time of sadness and we are committed to ensuring that you receive the compensation your family needs to recover from this loss.

Who can bring a wrongful death claim in New Jersey?

If someone passes away as a result of another’s negligence, the loved ones of that individual may be entitled to bring a wrongful death lawsuit. But, it is important to note that the survivors do not get to keep all of the compensation inherited from the lawsuit. Rather, according to New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-4), any damages recovered from legal action taken following a wrongful death would be attached to the amount of money being separated to all dependents. This means that if you are allowed 50 percent of the estate, any money gained from a wrongful death lawsuit would be added to the total estate and your claim would be 50 percent of the additional money. Furthermore, if you are not named in the will, or otherwise not entitled to a share of the decedent’s estate, you are not permitted to keep any of the money obtained from a successful wrongful death lawsuit. But, if you can prove you were financially dependent on the person who passed away, you may have a claim.

To discuss the specifics of your case, reach out to our firm today. Our legal team is ready to help.

What are the different causes of wrongful death in New Jersey?

In legal terms, wrongful death is caused as a consequence of someone’s neglect, abuse, or carelessness. Additionally, if it weren’t for this act, the death would not have happened. Some factors that can cause a wrongful death include the following:

  • Birth Injury
  • Car Accident
  • Medical Malpractice
  • Truck Accident
  • Motorcycle Accident
  • Construction Accident
  • Premises Liability
  • Product Liability

What is New Jersey’s wrongful death statute of limitations?

In the state of New Jersey, all claims of wrongful death must be filed within two years of the day the person died. This means that you cannot waste time when it comes to filing this claim. Reach out to The Wilton Law Firm today and speak with one of our skilled attorneys to ensure that you are filing your claim promptly.


Retaining an attorney after an injury-causing accident is the most effective way to ensure that you receive the compensation to which you are legally entitled. To learn more about how we can help you, call the Wilton Law Firm today at 732-275-9555 or send us an email through our online contact form.