When a loved one dies because of someone else’s negligence or wrongful conduct, families often have questions about what happens next. One of the most important questions is:
Who has the legal right to bring a wrongful death claim?
New Jersey law determines who may pursue compensation following a wrongful death. The answer can depend on the deceased person’s family relationships, financial circumstances, and other factors.
Who Brings a Wrongful Death Lawsuit?
In New Jersey, a wrongful death lawsuit is generally filed by the personal representative of the deceased person’s estate.
The personal representative brings the claim on behalf of the people who are legally entitled to recover damages. This means that the person filing the lawsuit is not necessarily the person who ultimately receives the compensation.
The distribution of any recovery is governed by New Jersey law and depends on the deceased person’s surviving family members.
Who May Be Entitled to Compensation?
New Jersey’s wrongful death law generally prioritizes certain surviving family members.
Depending on the circumstances, those who may be entitled to recover can include:
Surviving Spouse or Domestic Partner
A surviving spouse or domestic partner may be entitled to compensation for losses resulting from the death, including the loss of financial support, companionship, and other benefits of the relationship.
Children
The deceased person’s children may be entitled to compensation for losses caused by the death. This can include the loss of financial support, guidance, care, and other contributions the parent would have provided.
Parents
Parents may have a claim when their child dies, depending on the circumstances and whether other surviving family members have priority under New Jersey law.
Other Family Members
In some circumstances, other relatives may be entitled to recover damages. Eligibility can depend on the deceased person’s surviving family members and whether the relative was financially dependent upon the deceased.
Because every family situation is different, it is important to determine eligibility based on the specific facts of the case.
What If the Deceased Was Supporting the Family?
A wrongful death can create financial difficulties in addition to the emotional loss.
If the deceased provided income, household services, childcare, or other forms of support, surviving family members may experience significant financial consequences.
A wrongful death claim may seek compensation for certain losses associated with that support.
For example, a family may suddenly have to deal with:
- Loss of the deceased person’s wages or income
- Loss of health or other employment-related benefits
- Loss of household services
- Childcare expenses
- Medical expenses from the final injury or illness
- Funeral and burial expenses
These losses can be especially significant when the deceased was the primary income earner or provided essential services within the household.
What About the Emotional Loss?
Financial losses are only part of what a family experiences after a wrongful death.
The loss of a spouse, parent, child, or other close family member can affect every part of a person’s life.
Depending on the circumstances, New Jersey law may allow recovery for certain losses associated with the relationship, including the loss of companionship, guidance, advice, and other benefits of the relationship.
These damages can be difficult to calculate because there is no simple dollar amount that can measure the loss of a loved one.
What If There Are Multiple Family Members?
A wrongful death claim can involve several people who may be entitled to compensation.
For example, if a married parent with children dies, both the surviving spouse and children may have an interest in the recovery.
The distribution of damages is not necessarily as simple as dividing a settlement equally among family members. New Jersey law establishes rules for determining who is entitled to recover and how damages are distributed.
This is one reason it is important to have an attorney review the family’s circumstances before accepting a settlement.
What If the Family Cannot Agree?
Family disagreements can make an already difficult situation even more complicated.
Questions may arise about who should pursue the claim, how a settlement should be handled, or how compensation should be distributed.
These issues can sometimes be addressed through the legal process. An attorney can help explain the rights of the different family members and work to ensure that the claim is handled according to New Jersey law.
Do You Have to Be Financially Dependent on the Deceased?
Not necessarily.
Financial dependency can be important when determining whether certain relatives are entitled to recover, but it is not the only factor considered.
A person’s relationship to the deceased and the specific circumstances of the family can affect whether a claim exists and what damages may be available.
Because the rules can be complicated, you should not assume that you are excluded from a wrongful death claim simply because you were not financially dependent on the deceased.
What If You Are Unsure Whether You Qualify?
Wrongful death laws can be complicated, particularly when there are multiple surviving relatives or unusual family circumstances.
If you lost a loved one because of a car accident, medical negligence, unsafe property, a defective product, or another wrongful act, an attorney can review the circumstances and explain who may have a legal right to recover.
You Don’t Have to Figure It Out Alone
The death of a family member can leave you dealing with grief, financial uncertainty, and difficult legal decisions all at once.
Understanding who can bring a wrongful death claim is an important first step. A New Jersey wrongful death attorney can help determine who may be entitled to compensation, what losses may be recoverable, and what steps should be taken to protect the family’s rights.
If you have lost a loved one because of someone else’s negligence or wrongful conduct, contact Joseph M. Ghabour & Associates, LLC to discuss your situation with a New Jersey wrongful death attorney.
