Losing a loved one is always devastating. The pain can be even more troubling and grieving more difficult when death results from the wrongful action or negligence of another person. New Jersey law provides a way for surviving family members to seek justice and compensatory damages for those harmed by the loss of the deceased victim. Read more below from New Jersey's experienced wrongful death & survivorship lawyers at Shebell & Shebell, LLC, about who can file a wrongful death & survivorship lawsuit in our state.

Understanding Wrongful Death & Survivorship in New Jersey

State law provides a right of recovery in cases where a person's death occurred because of the negligent, wrongful, or criminal act of another person. Death might occur immediately during the wrongful act or could come much later. In essence, any personal injury claim that a living person would have for damages can lead to a wrongful death & survivorship case. Only a legally qualified person can handle the case on behalf of those entitled to recover.

Eligibility to File a Wrongful Death & Survivorship Lawsuit

Wrongful death & survivorship cases in New Jersey involve both personal injury law and probate law. Who can file a wrongful death lawsuit in our state? Here, a wrongful death lawsuit must be filed and handled by the personal representative of a deceased person's estate. There are two types of personal representatives. For people with a will, the probate court appoints the person named in the will as executor. For people who die without a will, the probate court will appoint a qualified person to act as the administrator of the estate.

Who Can Recover Damages in a Wrongful Death & Survivorship Claim

Relatives or beneficiaries of the deceased person are allowed to recover damages regardless of whether or not the decedent had a will. The law prioritizes compensation for those persons who were or could be financially dependent on the deceased person, including a deceased person's:

• Spouse
• Children
• Parents
• Grandchildren
• Grandparents
• Nieces and nephews

If multiple family members are eligible to recover damages in a wrongful death & survivorship claim, the court will apportion the damages based on various factors. You should consult with our attorneys to determine who is legally entitled to recover damages in any particular wrongful death & survivorship case.

Types of Damages Recoverable

Economic damages are based on calculations and include:

• Lost financial support expected from the deceased for the rest of their expected lifespan
• Funeral expenses
• Economic value of household services the deceased would have provided had they lived

Non-economic damages are more subjective and place value on the emotional support, companionship, love, care, and guidance the deceased would have been able to provide.

Consult With Shebell & Shebell, LLC, Regarding Your Wrongful Death & Survivorship Case

If a loved one has died as a result of the negligent or intentional action of another person, you can speak with an experienced personal injury lawyer with Shebell & Shebell, LLC, to find out more about your legal rights and to determine who can file a wrongful death & survivorship lawsuit if necessary. Contact us online or call our office in Shrewsbury at (732) 663-1122 anytime, 24/7, to discuss your case and schedule a confidential consultation.