Wrongful Death Claims in New Jersey | What to Know

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Losing a loved one is devastating, but losing a loved one to an act of negligence can be especially difficult to grapple with. If you have lost someone in a wrongful death accident, you may be entitled to recover compensation to help ease some of the financial burdens caused by the accident. Read on to learn more about filing a wrongful death claim in New Jersey.

What constitutes a wrongful death case?

Some of the most common examples of a wrongful death accident involve:

  • Medical malpractice, such as delayed or wrong diagnosis of a condition
  • Birth injury
  • Car accident
  • Truck accident
  • Motorcycle accident
  • Construction accident
  • Premises liability
  • Product liability

What is the statute of limitations?

If you are struggling with the loss of a loved one, taking legal action may be the last thing on your mind. Unfortunately, there is a time constraint. This deadline is known as a statute of limitations. Failing to file your claim within the statute of limitations will generally mean forfeiting your right to take legal action. In New Jersey, the statute of limitations for a personal injury accident is generally two years from the date of the accident. Be sure to reach out to an attorney as soon as possible to avoid missing any important deadlines.

What does wrongful death compensation cover?

While compensation in no way eases the loss of a loved one, it can help lessen some of the burdens caused by the accident. You may be able to recover compensation for the following:

  • Loss of financial support, based on the compensation the deceased could reasonably have been expected to earn if he or she had lived
  • Loss of companionship, care, advice and guidance
  • The value of household services
  • Medical, funeral and burial expenses related to the deceased’s final illness or injury.

Who can file a claim?

It is important to understand that not everyone can file a wrongful death claim. Generally, the only people allowed to file are:

  • A spouse
  • Children or grandchildren
  • Parents
  • Siblings
  • Nieces or nephews

In some cases, you may be able to file if you can prove that the deceased provided you with substantial financial support that is now gone.

If you have lost a loved one due to another party’s negligence, our firm will advocate for you. Reach out today to discuss your case with a dedicated personal injury attorney.


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 contact us online.