What a wrongful death claim is in New Jersey
New Jersey actually recognizes two separate claims after a fatal crash, and they are different things.
The wrongful death claim belongs to the surviving family, for the financial loss: the income, the services, the guidance and support the person would have provided.
The survival action belongs to the estate, for what the person themselves went through between the injury and their death, including their conscious pain and suffering and their medical expenses.
Both are usually brought together. They are governed by different rules and different deadlines, and this is genuinely not something to navigate alone.
Who can bring it
Generally the personal representative of the estate, on behalf of the surviving family members entitled to recover under New Jersey law. If no estate has been opened, that is one of the first things that has to happen. We handle that.
The deadlines
Generally two years from the date of death. Shorter if a government entity is involved. We will tell you exactly where you stand.