Can You File a Wrongful Death Lawsuit for a Car Accident in New Jersey?

What Is a Wrongful Death Claim?

A wrongful death claim arises when someone dies as a result of another person’s negligence, recklessness, or intentional act. In the event of a fatal car crash, this becomes a civil action brought on behalf of the deceased. For instance, if a distracted driver causes a fatal accident, their negligence may be grounds for a claim. Governed by New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1), these claims help surviving family members recover losses and hold the responsible party accountable.

Common Causes of Fatal Car Accidents in New Jersey

Most fatal crashes stem from human error. For example, distracted driving, like texting, is a leading cause. Similarly, speeding, drunk driving, or fatigue contribute significantly. According to the National Highway Traffic Safety Administration (NHTSA), 39,345 U.S. traffic deaths occurred in 2024, with New Jersey contributing nearly 685. Consequently, these preventable acts often lead to car accident wrongful death lawsuits.

• Distracted Driving: Texting or phone use.
• Speeding: Exceeding limits or unsafe speeds.
• Drunk Driving: BAC of 0.08% or higher.
• Fatigue: Drowsy driving impairs reaction time.
• Reckless Behavior: Aggressive driving or road rage.

Who Can File a Wrongful Death Car Accident Lawsuit in New Jersey?

In New Jersey, only the executor or administrator of the decedent’s estate can file a wrongful death lawsuit. For instance, if the decedent had a will, the named executor files. Otherwise, a probate court appoints an administrator, often a spouse or close relative. However, damages benefit surviving dependents, like spouses, children, or parents. Thus, a wrongful death lawyer ensures eligible parties are properly represented.

• Executor: Named in the decedent’s will.
• Administrator: Court-appointed if no will exists.
• Beneficiaries: Spouses, children, or dependent parents.

Elements of a Car Accident Wrongful Death Claim

To succeed in a car accident wrongful death claim, four elements must be proven. Specifically, the plaintiff must show negligence, causation, death, and damages. For example, if a driver ran a red light, causing a fatal crash, their negligence is clear. Moreover, New Jersey’s modified comparative negligence rule (51% bar) reduces or bars recovery if the decedent was over 50% at fault. Therefore, strong evidence is critical.

• Negligence: Defendant breached duty of care (e.g., speeding).
• Causation: Negligence caused the crash.
• Death: Decedent died as a result.
• Damages: Survivors suffered financial or emotional loss.

New Jersey’s No-Fault System and Wrongful Death Claims

New Jersey’s no-fault system requires drivers to carry Personal Injury Protection (PIP) coverage, which pays medical bills regardless of fault. However, in car accident wrongful death cases, death meets the “serious injury threshold,” allowing lawsuits against negligent drivers. For instance, PIP covers funeral costs, but additional damages like lost income require a lawsuit. Thus, understanding this system is key to pursuing an auto accident claim.

• PIP Coverage: Pays medical and funeral costs up to policy limits.
• Serious Injury Threshold: Death automatically qualifies for lawsuits.
• Lawsuit Eligibility: Sue for pain, suffering, and economic losses.

Steps to File a Wrongful Death Lawsuit in NJ

Filing a car accident wrongful death lawsuit involves several steps. First, gather evidence like police reports and witness statements. Next, identify liable parties, such as the negligent driver or their employer. Moreover, file an insurance claim before suing to explore settlements. If negotiations fail, your wrongful death lawyer in NJ will file a complaint in court. Therefore, timely action is essential.

• Gather Evidence: Collect police reports, medical records, and photos.
• Identify Liable Parties: Driver, employer, or vehicle manufacturer.
• File Insurance Claim: Submit to at-fault party’s insurer.
• File Lawsuit: If settlement fails, sue within two years.
• Discovery and Trial: Exchange evidence and present case if needed.

Damages Available in a Wrongful Death Lawsuit

New Jersey allows economic and non-economic damages in car accident wrongful death claims. For example, economic damages cover lost income and funeral costs. Non-economic damages include loss of companionship. Additionally, punitive damages (capped at $350,000 or five times compensatory damages) may apply for extreme negligence. Thus, a NJ wrongful death lawyer maximizes recovery.

• Economic Damages:
  • Lost financial support and inheritance.
  • Funeral and burial expenses.
• Non-Economic Damages:
  • Loss of love, guidance, or companionship.
  • Surviving spouse’s loss of consortium.
• Punitive Damages: For reckless or intentional acts.

Factors Influencing Wrongful Death Case Value

Several factors affect the value of an auto accident claim for wrongful death. Specifically, the decedent’s age, income, and family size are key. For instance, a young professional’s death yields higher damages than a retiree’s. Moreover, insurance limits and the decedent’s fault percentage impact payouts. Therefore, expert testimony often calculates future losses.

• Decedent’s Age: Younger victims yield higher damages.
• Income: Higher earnings increase economic damages.
• Family Size: More dependents raise compensation.
• Fault: Comparative negligence reduces awards.
• Insurance Limits: Caps recovery in some cases.

Statute of Limitations for Wrongful Death in New Jersey

New Jersey’s statute of limitations for car accident wrongful death claims is two years from the date of death (N.J.S.A. 2A:31-3). However, exceptions like the “discovery rule” may apply if negligence is uncovered later. For instance, claims against government entities require a 90-day notice. Thus, consulting a wrongful death lawyer promptly is critical.

• Standard Deadline: Two years from death.
• Discovery Rule: Extends if negligence is later discovered.
• Government Claims: 90-day notice required.

NJ’s No-Fault System: Navigating Car Accident Insurance Claims

In a car accident wrongful death case, PIP coverage initially handles funeral and medical costs. However, to recover additional damages, you must sue the at-fault driver. For example, if the driver was uninsured, the decedent’s uninsured motorist coverage applies. Moreover, insurers may delay or deny claims, so legal guidance is vital.

• PIP Claims: Cover initial expenses.
• Uninsured Motorist Coverage: Applies if at-fault driver lacks insurance.
• Insurer Tactics: Delays or low offers require legal pushback.

Why Hire a New Jersey Wrongful Death Lawyer?

A wrongful death lawyer is essential for car accident wrongful death claims. Specifically, they handle evidence collection, negotiations, and trials. For instance, at Varcadipane & Pinnisi, PC, we’ve recovered millions for families. Moreover, we work on contingency, meaning no fees unless you win. Thus, legal expertise ensures justice.

5 Mistakes to Avoid in Wrongful Death Car Accident Claims

Avoiding errors strengthens your auto accident claim. However, common mistakes can derail cases. For example, missing deadlines bars recovery. Similarly, accepting quick settlements undervalues claims. Therefore, a wrongful death lawyer helps avoid these pitfalls.

• Missing Deadlines: File within two years.
• Quick Settlements: Undervalues damages.
• Weak Evidence: Incomplete records harm cases.
• No Lawyer: Risks procedural errors.
• Sharing Too Much: Avoid insurer statements without counsel.

How Long Do Wrongful Death Claims Take?

Resolution times vary, often taking 12–18 months for settlements. However, trials may extend to 2–3 years. For instance, complex cases with multiple defendants delay outcomes. A wrongful death lawyer expedites fair resolutions. Thus, patience and legal support are key.

Seek Justice with a New Jersey Wrongful Death Lawyer

A car accident wrongful death claim can’t erase your loss, but it can provide financial relief and accountability. Navigating New Jersey’s no-fault system and serious injury thresholds is complex. Moreover, at Varcadipane & Pinnisi, PC, our wrongful death lawyers fight for justice in New Jersey and New York. Lost a loved one in a car crash? Contact us at www.vplaw.com for a free case evaluation.