Filing a Perth Amboy Wrongful Death Action

When your loved one’s life is cut short because of someone else’s carelessness, the aftermath is often overwhelming. In addition to grief, your family may be facing significant financial hardship, especially if you relied on your loved one’s income.

If you are in this situation, our compassionate wrongful death lawyers at Voto & Cavalli could help you recover compensation for the harm you have suffered. While filing a Perth Amboy wrongful death action cannot bring your loved one back, it can provide crucial support as you work to rebuild your life.

Eligibility To Bring a Wrongful Death Action

A death caused by negligence can impact an entire community of people who knew the decedent. However, New Jersey imposes strict rules on who may bring a wrongful death claim in Perth Amboy, and having a close relationship is not sufficient.

Under New Jersey Statutes Annotated § 2A:31-2, only the decedent’s personal representative may file a wrongful death action. This is typically the executor named in the decedent’s will. If there is no will, the court appoints an administrator to oversee the estate, and an eligible family member may petition for that appointment.

Regardless of who serves as the representative, any compensation recovered is for the exclusive benefit of certain family members. This includes the surviving spouse, children, parents, and, if no spouse or children exist, siblings and their children. The statute establishes a hierarchical order, meaning that the presence of a spouse or children precludes siblings from receiving any portion of the compensation.

Is There a Deadline To File a Wrongful Death Claim?

As with other personal injury claims, wrongful death actions in Perth Amboy are subject to a strict filing deadline. Under N.J.S.A § 2A:31-3, the personal representative generally has two years from the date of the decedent’s death to file the claim, with limited exceptions when the death results from a criminal act. If the representative does not file within this period, the surviving family may be barred from recovering the compensation they deserve.

Issues can also arise when the decedent left no will or did not name an executor. In these situations, the court may appoint a qualified person to serve as administrator and pursue the claim on behalf of the statutory beneficiaries.

New Jersey’s statute of limitations makes it critical to seek experienced legal counsel as soon as possible. A lawyer could evaluate the circumstances and help the administrator file the claim on time.

Contact a Perth Amboy Attorney About Filing a Wrongful Death Action

Filing a Perth Amboy wrongful death action requires a clear understanding of New Jersey’s legal requirements and strict deadlines. Our skilled attorneys at Voto & Cavalli could protect your family’s interests and guide you through every step of the process.

We understand the pain that comes with losing a loved one, and we are prepared to handle the legal work while you spend time with your family. Contact us today to schedule a consultation.