Losing a loved one unexpectedly is devastating, particularly when their death results from someone else’s negligence or wrongful actions. Financial hardships, including medical bills, funeral expenses, and lost income, often compound the emotional trauma. While no legal action can truly compensate for such a profound loss, New Jersey’s wrongful death laws provide a pathway for certain family members to seek financial recovery. However, not everyone connected to the deceased has the legal standing to file such claims.
Who Can File a Wrongful Death Claim in New Jersey?
New Jersey law specifically restricts who can bring a wrongful death lawsuit. Understanding these limitations is crucial before pursuing legal action. The state’s approach focuses on who can initiate the claim and who may ultimately benefit from any compensation awarded.
The Role of the Personal Representative
In New Jersey, only the personal representative (executor or administrator) of the deceased person’s estate has the legal authority to file a wrongful death lawsuit. This differs significantly from other states where immediate family members can file such claims directly. The personal representative is typically one of the following:
- The person named as executor in the deceased’s will
- An administrator appointed by the court if the deceased died without a will
- A family member who petitions the court to serve as administrator if no will exists
The personal representative files the claim on behalf of the estate and the eligible surviving family members. While they initiate and oversee the legal process, they do so for the benefit of qualifying survivors rather than the estate itself.
Therefore, even if you were very close to the deceased, perhaps as a fiancé, longtime partner, or close friend, you cannot file a wrongful death claim unless you are the designated personal representative of the estate. We can help you determine if you qualify to file a wrongful death claim based on these laws, so you can better understand how to move forward in seeking justice for your loved one.
Beneficiaries Under New Jersey Law
While only the personal representative can file the claim, New Jersey law clearly defines who can receive compensation from a wrongful death settlement or verdict. These potential beneficiaries include the following:
- The surviving spouse
- Children and descendants (including adopted children)
- Parents of the deceased
- Siblings, nieces, and nephews, if no spouse, children, or parents survive
- Any other relative who can prove they were dependent on the deceased for support
New Jersey follows a hierarchy of beneficiaries, meaning those higher on the list take precedence over those lower down. For example, if the deceased is survived by a spouse and children, more distant relatives may not receive compensation unless they can prove financial dependence.
The distribution among eligible beneficiaries is based on financial dependency rather than equal shares. The court determines what portion each survivor should receive based on the extent of their economic reliance on the deceased.
Special Circumstances in Wrongful Death Claims
While New Jersey law states only the personal representative of the deceased’s estate can file a claim and only certain survivors can recover damages, certain situations create additional complexity in determining who can file or benefit from a wrongful death claim in New Jersey. These special circumstances include the following:
Children Born Outside of Marriage
Children born outside of marriage have equal rights to recover damages in wrongful death cases, provided paternity or maternity has been legally established. This may require additional documentation or legal proceedings to confirm the relationship.
Claims Involving Minor Children
When minor children are beneficiaries, the court typically appoints a guardian ad litem to protect their interests. Any settlement involving minor beneficiaries requires court approval and funds often go into protected accounts until the children reach adulthood.
Stepchildren and Other Relationships
Stepchildren generally cannot recover damages unless they were legally adopted by the deceased. Similarly, unmarried partners have no standing under New Jersey law regardless of the relationship’s duration or level of commitment.
