Losing a loved one due to someone else’s negligence can be extremely difficult. Filing a lawsuit may not be your top priority during this emotional time, but you should be aware of your right to claim compensation related to your loved one’s death. In New Jersey, you or other survivors of the decedent generally have two years to file a wrongful death lawsuit, starting from the date of death.
Below are some specific time limits under New Jersey law. If you have concerns about your wrongful death claim, reach out to a trusted New Jersey wrongful death attorney for sound legal guidance.
New Jersey Wrongful Death Statute of Limitations
A statute of limitations is a law that gives you a certain time period to file a lawsuit. For wrongful death cases, New Jersey’s statute of limitations is two years from the date of death. Once this deadline has passed, the court will no longer allow you to file suit for the same case.
One exception to this is if the person who wants to sue is a minor. The statute of limitations will be tolled (paused) until the person turns 18. In other words, the two-year clock starts running on their 18th birthday.
In a few cases, it’s also possible to toll the statute of limitations if the cause of death was not discovered immediately. This is called the discovery rule.
In one example, families sued an industrial plant, alleging that dangerous chemicals at the plant eventually killed their loved ones who worked there. The employer tried to dismiss the lawsuit as it had been more than two years since the workers’ deaths. However, the plaintiffs argued that the employer hid the information that the area was contaminated, hence changing the legal timeline of events.
A US magistrate judge ruled that the discovery rule applied in this situation, allowing the plaintiffs to pursue their wrongful death lawsuits past the two-year time frame.
Why It’s Crucial to Consult a Lawyer Early
Two years may seem like ample time to file a lawsuit, but many surviving loved ones have sadly missed their window due to various delays in the legal process.
To give you an example, one plaintiff filed her wrongful death complaint only one day before the statute of limitations ran out. Unfortunately, her case was dismissed due to a procedural mistake in her filing. She tried to correct the error and file a new lawsuit, but the filing period had already ended.
It’s always wise to speak with an attorney early on. While it seems stressful to think about lawsuits while you’re barely out of mourning, a compassionate lawyer can help you deal with the legal side of the situation. Your attorney should advise you on the best course of action and timeline for your specific case, and handle the case with sensitivity and competence.
Contact a Trusted Wrongful Death Lawyer in NJ
Individuals and families in New Jersey trust The Grossman Law Firm for wrongful death cases. Our firm’s wrongful death attorneys have won maximum compensation for our clients in the last 20 years. More than our legal excellence, we provide sensitive service to our clients and treat them like family during this difficult episode in their lives.
Talk to us about your loved one’s wrongful death. Your consultation is free. Call (732) 625-9494 or send us a message today.
