A successful wrongful death lawsuit provides financial compensation for those affected by a tragedy. A business or individual that causes a death through negligence or misconduct may be responsible for the practical impact of the death on survivors.
While a premature passing can affect dozens of people, the law in New Jersey generally only allows for a single wrongful death lawsuit, regardless of how many people experience personal consequences. A plaintiff pursuing a wrongful death lawsuit may need to allocate the proceeds of successful litigation among numerous people, with priority generally going to the closest dependent family members.
Who usually has the authority necessary to initiate a wrongful death lawsuit after a tragedy caused by negligence or misconduct in New Jersey?
Personal representatives file the lawsuit
The law in New Jersey is clear about who can initiate litigation. The personal representative named in estate planning documents or designated by the courts to oversee estate administration manages the litigation process.
They are then responsible for distributing resources among the surviving dependents who sustain economic losses because of a tragedy. Grieving families often need to act promptly to initiate the probate process and ensure the courts recognize a personal representative.
There is a two-year statute of limitations that applies to wrongful death lawsuits. If families wait too long to initiate probate proceedings and discuss the tragedy with a personal injury lawyer, they may lose the opportunity to take legal action.
Exploring the practical consequences of a recent tragedy with a skilled legal team can help families determine if wrongful death litigation is the right solution. They may then need to communicate with the personal representative to ensure they take appropriate legal action. The attorneys at Piro Zinna Cifelli Paris & Genitempo, LLC, stand ready to help you through this difficult time.
