When someone dies because of the careless or negligent acts of another person, the impact can ripple far beyond immediate family. But are there limits regarding who can pursue damages after an accidental death? Does the law allow anyone affected by the death to file a wrongful death claim?
Under New Jersey law, you must be what is known as a “real party in interest” to file any kind of lawsuit, including a wrongful death action. The New Jersey wrongful death statute restricts who may file an accidental death claim, permitting only those who were actually dependent on the deceased at the time of death or who would have had a right to inheritance under the state’s intestacy laws.
In New Jersey, a claim based on wrongful death is customarily filed by the estate administrator or executor, acting on behalf of the estate and all surviving heirs. The persons who qualify to be plaintiffs in a wrongful death lawsuit include, in the following order:
A surviving spouse
Children, biological or legally adopted
Grandchildren
Parents of the deceased
Siblings, nephews or nieces
A person who can demonstrate to the court that they were financially dependent on the decedent may also file and pursue a wrongful death claim in New Jersey.
As indicated above, there is an order to which surviving family members may recover damages in a wrongful death suit. The spouse and any children will always have a right to sue. Grandchildren and parents may only bring a legal claim if there is no spouse and there are no children. Other distant relatives—siblings, cousins, nieces and nephews—can only pursue compensation when there’s no surviving spouse, children, parents or grandchildren.
Contact Us
If you or a loved one has been injured because of the carelessness or negligence of another person, our personal injury lawyers can help protect your rights. For a free initial consultation, contact us by e-mail or call our offices, in New Brunswick at 732-247-3600 or in Somerville at 908-448-2560.
