What is the wrongful death statute of limitations in New Jersey?
Every state determines its own statute of limitations for wrongful death lawsuits. The statute of limitations refers to the time period in which a legal action may be pursued, including civil suits. Understanding the statute of limitations for wrongful death in New Jersey requires knowledge about the cause of death and your relationship to the deceased.
How long is the statute of limitations for a wrongful death lawsuit?
In the state of New Jersey, the plaintiff must file a lawsuit no later than two years after the date of death. If the wrongful death was found to have been committed on purpose, a plaintiff can file a lawsuit at any time, and no statute of limitations exists.
Why does the manner of death matter?
The state of New Jersey recognizes three general incidents that may cause a wrongful death:
- Medical malpractice
- Intentional actions
Negligence, in this case, can involve car accidents or other accidents in which a party was at fault, but did not commit the act on purpose. Medical malpractice must involve a health care provider.
Intentional actions include crimes such as murder or manslaughter. If the defendant has been found guilty of such a crime, or not guilty due to insanity, you may file a lawsuit long after the typical two-year statute of limitations.
What is the difference between personal injury and wrongful death?
Both negligence and medical malpractice can result in personal injury lawsuits when both parties survive, while a wrongful death lawsuit may occur when you have lost a loved one.
What do you need to know about a wrongful death lawsuit?
While you have a maximum of two years to file a lawsuit as a plaintiff in a wrongful death lawsuit, beginning the process as soon as possible will benefit you. The healing process as you grieve for your loved one may only begin once you seek justice for their untimely death.