Know the Time Limits for Filing a Wrongful Death Claim You are overcome with grief. After several months of painful recuperation, your spouse passes away. The doctor tells you the death is related to the car accident that put him in the hospital in the first place. You’ve never even the heard the term wrongful death. Yet, a friend suggests you should speak with an attorney. Can you wait?

You and your spouse may have already retained legal counsel concerning a negligence claim. Of course, the easiest thing would be to consult with that attorney. There’s also the chance you were both holding off until the hospital discharge. You seem to be left with all the responsibility. It’s an incredible burden, and you may not be ready to face it. This is why it’s important to know the time limits for filing a wrongful death claim. The person qualified to bring the lawsuit may have been named as the executor or executrix in the decedent’s will. Otherwise, they must be appointed by the court as the administrator ad

prosequendum. This person is determined using the lines of kinship as outlined by the statutes. (For example, a surviving spouse is the first person eligible to bring a lawsuit.) It is important to note that wrongful death actions can only be brought under certain circumstances. For example, this might include the loss of a weekly income to cover household finances. It might mean a documented promise of college tuition. Items considered recoverable under the wrongful death statute fall into these categories:

● Loss of current and future financial support ● Loss of assistance, guidance, and companionship ● Medical bills associated with the loss ● Funeral costs ●

Survivor Actions for Wrongful Death Claims The Survivor’s Act is found at NJSA 2A:15-3 and is used in conjunction with the Wrongful Death Act. The difference between the two laws is that the Survivor’s Act allows for recovery of damages that commenced at the time of injury and continued through the decedent’s ultimate

demise. This would allow a claim for someone who suffered from car accident injuries, but did not die at the scene. Pain and suffering are notable claims made under this portion of the law. Contact Us Losing a loved one is never easy. Of course, the matter is further compounded if you were reliant on the decedent’s income. At the Law Offices of Beninato & Matrafaljo, we have experience handling wrongful death claims. Contact us concerning a potential claim on behalf of your loved one’s estate.