Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Wrongful death law in New Jersey, including Somerset, provides a legal remedy for certain family members when a loved one dies due to another person or entity’s fault or neglect. The claim is typically pursued as a civil action in state court, separate from any criminal proceedings. The aim is to recover financial support the decedent would have provided and to seek accountability for negligent conduct.
In Somerset County and across New Jersey, two related but distinct actions exist: a wrongful death claim and a survival action. The wrongful death claim covers losses suffered by heirs and dependents after death. The survival action seeks to recover damages that the decedent could have pursued if they had survived the incident. See official state resources for current definitions and procedures.
For residents of Somerset, this process usually involves filing in the New Jersey Superior Court, Law Division, in the county where the death occurred or where the defendant resides. Local rules and procedures vary by county, so consulting a Somerset-based attorney early is advisable. Official state sources provide the text of governing statutes and court guidelines to support your case.
"Wrongful death actions are brought by eligible survivors to recover damages resulting from the death caused by another's fault or negligence."
Official statute texts and legislative history and court guidance and procedural rules are essential resources for understanding your rights in Somerset and throughout New Jersey.
Situations in Somerset that often require the expertise of a wrongful death attorney include concrete, real-world scenarios. Here are five typical examples with practical implications for your case.
These scenarios illustrate why residents in Somerset often benefit from early legal guidance. An attorney can assess applicable statutes, gather essential evidence, and explain the potential timeline and damages specific to your family’s circumstances.
The Wrongful Death Act in New Jersey authorizes certain heirs to pursue compensation for losses resulting from a decedent’s death caused by another’s fault. Damages typically include compensation for loss of support, guidance, and companionship, among other categories. The act operates in conjunction with the Survival Act to address both survivors and the decedent’s estate.
In Somerset, claims under this act are filed in the state court system and guided by state statute, court rules, and local practices. It is important to consult a Somerset attorney to determine who has standing and what damages may be available. For the current text and status of the statute, refer to the official legislative site and court materials.
New Jersey Legislature - N.J.S.A. 2A:31-1 et seq.
The Survival Act allows the decedent’s estate to pursue damages for personal injuries or economic losses that would have been recoverable had the decedent survived. This action runs alongside the wrongful death claim and can impact the total damages available in a Somerset case. Properly coordinating survival and wrongful death claims can affect timing and settlement options.
New Jersey Legislature - N.J.S.A. 2A:15-3 et seq.
Most wrongful death actions in New Jersey must be filed within the period set by statute, commonly two years from the date of death, though certain tolling rules may apply. Each case depends on its facts, including the identity of defendants and potential notice requirements for government entities. Always verify current deadlines with a qualified attorney and official sources.
New Jersey Legislature - relevant time limits and New Jersey Courts - procedural guidance
"Wrongful death and survival actions are governed by state statutes and court rules, and eligibility for damages depends on relationships and damages proved by the heirs."
A wrongful death action seeks damages for survivors when a loved one dies due to another's fault. It is distinct from a survival action, which addresses the decedent’s own claims.
Consult a Somerset attorney who will file the complaint in the appropriate New Jersey Superior Court, Law Division, and coordinate with your family on damages and heirs.
Contact an attorney as soon as possible after the death to preserve evidence, avoid statue of limitations issues, and begin evaluating potential defendants.
Official texts are available on the New Jersey Legislature site and related court resources. Start with N.J.S.A. 2A:31-1 et seq. and N.J.S.A. 2A:15-3 et seq.
Because wrongful death and survival actions involve different beneficiaries and damages, separate or coordinated representations may protect both the heirs and the estate's interests.
Damages may include non-economic losses such as companionship and guidance, depending on the relationships and evidence presented.
Yes, the claim generally relies on proving another party's fault or negligence caused the decedent's death, though several theories may apply depending on the facts.
Most wrongful death attorneys work on a contingency fee basis, meaning a percentage of the recovery if you win or settle the case.
Case timelines vary widely. Some cases resolve within months, while others take several years, depending on complexity and settlement opportunities.
Wrongful death actions address losses suffered by survivors, while survival actions pursue the decedent's own claims for damages the decedent could have pursued had they lived.
Claims against government entities follow notice and tort claim procedures that differ from private defendants and may require stricter timelines.
Many cases settle before trial through mediation or negotiated settlements, but disputes over damages or liability can still proceed to trial if needed.
Lawzana helps you find the best lawyers and law firms in Somerset through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Wrongful Death, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Somerset, United States — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
