Losing someone you love because of another person’s negligence is one of the most heartbreaking experiences a family can face, and it often leads to serious emotional and financial strain. The compassionate personal injury attorneys at Fredson, Statmore & Bitterman LLC are here to help you through this.
An experienced Paramus wrongful death lawyer from our team understands New Jersey’s wrongful death laws and the impact of losing a loved one. Our attorneys can investigate the incident and pursue the justice and compensation your family deserves during this difficult time.
How Long Do You Have to File a Wrongful Death Lawsuit?
In Paramus, you typically have two years from the date of death to file a wrongful death lawsuit. The two-year deadline, known as the statute of limitations, is strictly enforced under state law.
However, there are important exceptions. If the death resulted from medical malpractice, different rules may apply. Additionally, if the deceased was a minor, the timeline might be extended.
Cases involving government entities often have shorter notice requirements, sometimes as brief as 90 days. Act promptly so our attorneys can begin gathering evidence, interviewing witnesses, and building a strong case.
If you miss the two-year deadline, courts will generally dismiss your case, regardless of its merits. Missing the deadline means missing your right to seek compensation for medical expenses, funeral costs, lost income, and emotional suffering.
Consult our wrongful death attorneys in Paramus for legal advice on how to protect your legal right to compensation.
Who Can File a Wrongful Death Lawsuit?
New Jersey’s Wrongful Death Act defines who has the legal standing to file a wrongful death claim. Here are parties who can initiate a wrongful death lawsuit:
The Personal Representative or Executor
Under state law, only the executor or administrator of the deceased’s estate can file a wrongful death lawsuit. The executor or personal representative is named in the deceased’s will or appointed by the Surrogate’s Court if no will exists.
The personal representative acts on behalf of all eligible beneficiaries and distributes any recovered damages in accordance with the state’s intestacy laws or the decedent’s expressed wishes.
Surviving Spouse
The surviving spouse is generally the primary beneficiary in wrongful death cases. They can recover compensation for loss of companionship, emotional support, and financial contributions the deceased would have provided.
If the spouse serves as executor, they file the lawsuit directly. Otherwise, the appointed executor files on their behalf.
Children of the Deceased
Biological and adopted children have the right to compensation through a wrongful death claim. They may recover damages for loss of parental guidance, nurturing, and financial support. Minor children often receive compensation for lost future earnings and support until they reach the age of majority.
Parents of Unmarried Children
If the deceased was unmarried and had no children, the parents can be beneficiaries of the wrongful death claim. Parents may seek compensation for funeral expenses, medical bills, and the loss of their child’s companionship and support.
Other Family Members
State law does not extend wrongful death benefits to siblings, grandparents, or extended family members unless they can prove financial dependency on the deceased. Domestic partners and unmarried cohabitants generally cannot file wrongful death claims in New Jersey, regardless of relationship length.
Determining proper legal standing requires careful analysis of family relationships and estate administration. Consulting an experienced Paramus wrongful death attorney ensures the right party files the claim correctly.
Discuss Your Case With Our Skilled Wrongful Death Attorneys in Paramus
If you lost a loved one due to another person’s negligence, it is important to act before New Jersey’s wrongful death statute of limitations expires. Waiting too long could jeopardize your right to seek compensation for your loss.
Speak with a Paramus wrongful death lawyer at Fredson, Statmore & Bitterman to discuss your situation and review your legal options.
Contact us today to schedule a free consultation.
