In New Jersey, family members or the personal representative of the deceased must file a wrongful death claim within two years of their death. It’s crucial to note that this is different from the personal injury statute of limitations. However, if they were injured in an accident or incident before their death, the clock for the statute of limitations doesn’t begin ticking until the day that they die.
So, for example, they could be injured in a severe car accident and be hospitalized for three months. After three months, they pass away. The statute of limitations begins running on the day that they die, not three months prior when they suffered their injury.
Suppose the right party doesn’t file a wrongful death lawsuit within this timeframe. In that case, they will lose their legal right to pursue financial recovery for the wrongful death. As such, it’s imperative for the decedent’s loved ones to contact a Hackensack wrongful death attorney as soon as possible after learning of their passing.