Timeline of a Wrongful Death Lawsuit

Man with attorney to discuss wrongful death lawsuit.

Losing someone due to another’s malicious or negligent actions is painful and life-altering for surviving friends and family.  It can be difficult to focus on much else than emotional recovery.  However, if you have lost a loved one and believe you have a wrongful death claim, time is of the essence.  

Partnering with an experienced New Jersey wrongful death attorney can offer peace of mind that your wrongful death lawsuit will be handled efficiently and in accordance with the legal statutes and limitations set forth by New Jersey state law.  

Do You Have a Wrongful Death Claim in New Jersey?

Determining if you have a valid wrongful death claim in New Jersey demands an understanding of the New Jersey wrongful death statute. When you consult with a wrongful death attorney, they will measure your potential claim against two things:

  1. Was the decedent’s death a direct result of the defendant’s actions? 
  2. Would the decedent have grounds for a personal injury claim against the accused if death had not resulted from the accused actions?

If the answers to these questions are both yes, you likely have a strong position for a wrongful death action. 

Filing a Wrongful Death Action

  • If you have a valid claim, filing a wrongful death action can help bring your family a sense of closure and recover financial damages for your pain and suffering. Wrongful death actions may be filed by either the executor of the decedent’s estate or by a person acting as a representative for the decedent. 
  • Civil actions are governed by limitation periods known as statutes of limitations. If civil action is not taken before the statute of limitations expires, you lose your right to file a legal claim. The New Jersey statute of limitations to file a wrongful death lawsuit is two years from the date of the decedent’s death.

After You Have Filed a Wrongful Death Claim

Once your wrongful death claim has been filed, your legal team will proceed with additional steps toward settlement or trial:

  • Investigation
  • Deposition of Witnesses 
  • Hiring Experts
  • Discovery
  • Negotiation
  • Mediation

Because litigation can take a heavy emotional and financial toll on those still mourning the loss of a loved one, skilled wrongful death attorneys will work diligently to negotiate a quick and fair settlement agreement when at all possible. The willingness of both parties to cooperate and reach an agreement will dictate the time to completion and whether trial will be necessary.   

How Can a New Jersey Wrongful Death Attorney Help You?

While nothing can replace the loss of your loved one, holding a negligent party accountable for their actions and recovering fair financial compensation can help sustain you during the healing process and in years to follow.

An experienced wrongful death attorney will advise you from start to finish regarding the viability of your legal claim, the stages and timeline of your lawsuit, and your final settlement agreement or trial judgment. They will navigate the complexities of your case, allowing you and your family time to mourn.

Placing your trust in one of our skilled New Jersey wrongful death attorneys will give you confidence as you attempt to rebuild your life after loss. 

Contact us today to schedule your consultation. A New York Personal Injury Attorney can help you go after the compensation that you deserve.

Posted in: Wrongful Death