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When a car accident leads to the death of a loved one, the emotional devastation is often matched by confusion about legal options. In New Jersey, the law offers a way to pursue justice through a wrongful death claim. But what if the victim doesn’t die immediately? What happens when someone dies days or even weeks after the crash?
This article will walk you through everything you need to know about New Jersey wrongful death claims in the context of car accidents—from definitions and eligibility to timelines and compensation.
What Qualifies as a Wrongful Death?
In legal terms, a wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another party. This often includes car accidents caused by:
Legal Foundation: NJ Wrongful Death Statute
New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1) allows certain survivors or a representative of the deceased’s estate to bring a civil lawsuit for damages resulting from the death.
Role of the Estate Representative
The claim must be filed by the personal representative (also called the executor or administrator) of the deceased’s estate. This person may be named in the will or appointed by the court during probate.
Beneficiaries Who May Receive Compensation
While the estate representative files the lawsuit, the actual compensation is paid to qualifying family members, such as:
When Is It a Personal Injury Claim?
If the injured person survives the accident, they may file a personal injury claim for damages such as medical expenses, lost wages, and pain and suffering.
When Does It Become a Wrongful Death Claim?
If the person dies as a result of those injuries, the case transitions to a wrongful death claim. The key issue is whether the accident directly caused the death.
What If Death Occurs Days or Weeks Later?
In many cases, accident victims don’t die immediately. Instead, they suffer complications such as:
As long as medical evidence can link the death to the crash, the claim may qualify as wrongful death—even if the death occurred long after the collision.
Can You Convert a Personal Injury Claim?
Yes. If a personal injury lawsuit was filed before the person passed away, it can often be converted into a wrongful death and/or survivor claim, depending on the circumstances.
What Is a Survivor Claim?
A survivor claim seeks damages that the deceased could have recovered had they survived. This includes:
How It Differs From Wrongful Death
Wrongful death claims are focused on the losses suffered by the surviving family, while survivor claims represent the rights of the deceased person’s estate.
Both claims are often filed together in New Jersey.
Standard Deadline: 2 Years From Date of Death
New Jersey law gives families two years from the date of death to file a wrongful death lawsuit, not from the date of the accident. This distinction is critical in delayed-death cases.
Special Circumstances
Some cases involve exceptions:
Failing to act within the proper time frame will typically result in your case being dismissed, regardless of its merit.
Step 1: Obtain Legal Documentation
Start by gathering all necessary documents:
These documents help establish liability and causation.
Step 2: Appoint an Estate Representative
If not already named in a will, the probate court will appoint someone to act as the personal representative of the estate.
Step 3: Contact a Wrongful Death Attorney
Navigating wrongful death law in New Jersey is complex. An experienced attorney can help with:
Step 4: File a Complaint in Civil Court
The official wrongful death lawsuit is filed in civil court, not criminal court. It names the responsible party and outlines the damages being sought.
Step 5: Proceed With Negotiation or Trial
Most wrongful death claims are resolved through settlement, but some go to trial—especially if fault or causation is disputed.
Economic Damages
These are financial losses, including:
Non-Economic Damages
These compensate for intangible losses, such as:
Are Punitive Damages Allowed?
No. New Jersey law does not permit punitive damages in wrongful death cases unless filed separately under different legal grounds.
1. Insurance Disputes
Insurers may argue that the death was unrelated to the accident, especially when there is a delay between the crash and the death.
2. Family Conflicts Over Filing
When multiple family members have an interest in the case, disputes can arise over who should file or how compensation should be divided.
3. Proving Causation in Delayed Deaths
It can be challenging to prove that a delayed fatality is directly linked to the accident. Expert medical testimony may be required.
4. Confusion Over Legal Deadlines
Families may mistakenly calculate the statute of limitations from the accident date, leading to missed filing deadlines.
Yes. Consider this real-world scenario:
As long as medical reports confirm that the crash caused the fatal injuries, the family has a valid legal claim.
Can I still file a wrongful death claim if my loved one died several days or weeks after the car accident? Yes, you can still file a wrongful death claim in New Jersey even if the death did not occur immediately after the accident. What matters most is whether the death was caused by injuries sustained in the crash. As long as there is medical documentation linking the fatality to the accident, the time between the incident and the death does not disqualify the claim. In fact, many wrongful death cases involve victims who initially survived but later succumbed to complications.
Who is legally allowed to file a wrongful death claim in New Jersey? In New Jersey, only the personal representative of the deceased person’s estate is legally authorized to file a wrongful death lawsuit. This individual is usually named in the deceased’s will, but if no will exists, the probate court may appoint someone, often a spouse or close relative. The representative files on behalf of all eligible family members, who may include a surviving spouse, children, parents, or other dependents.
What happens to a personal injury case if the injured person dies? If someone was pursuing a personal injury lawsuit and later dies from those injuries, the claim does not simply disappear. It typically transitions into a wrongful death claim and possibly a survivor claim. A survivor claim allows the estate to recover compensation for damages suffered by the deceased before death, such as medical bills and pain and suffering. The wrongful death portion, on the other hand, compensates the surviving family for their financial and emotional losses due to the death.
How long do I have to file a wrongful death claim in New Jersey? The statute of limitations for filing a wrongful death lawsuit in New Jersey is two years from the date of the person’s death. This is important to note, especially in cases where the death occurred days or weeks after the accident. The clock starts running on the day of death—not the date of the crash. Missing this deadline can result in your claim being permanently barred, so it’s important to act quickly.
Do I need a lawyer to file a wrongful death claim? While you are not legally required to hire an attorney to file a wrongful death claim, it is strongly advised. Wrongful death cases often involve complex legal and medical issues, significant documentation, and strict deadlines. A qualified attorney can help navigate the legal process, gather evidence, handle insurance disputes, and ensure that the claim is filed correctly and on time. Without legal guidance, there is a greater risk of errors or missed opportunities that could weaken or invalidate your case.
Wrongful death cases in New Jersey are legally complex, emotionally taxing, and time-sensitive. If your loved one died as a result of a car accident—even if the death was not immediate—you may be entitled to seek justice and financial recovery through the legal system.
Don’t wait. The longer you delay, the harder it becomes to gather evidence, meet deadlines, and protect your family’s interests.
Contact The Epstein Law Firm, P.A., today to discuss your case, evaluate your options, and start the process of seeking compensation and closure.
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The Epstein Law Firm
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