Wrongful Death Act In New Jersey

Wrongful Death Act In New Jersey
When someone passes due to a wrongful death in New Jersey, there are certain requirements if the family intends to file a wrongful death claim. The New Jersey statutes require a special appointment when there is going to be a wrongful death claim. There are numerous types of cases which could require an Administrator Ad Prosequendum in New Jersey, including:
  • fatal medical malpractice resulting in death
  • fatal motorcycle accident
  • fatal shooting
  • nursing home neglect/abuse
  • workplace death
  • product liability (car parts, medical devises, children’s products, machinery)
  • chemical exposure (asbestos, mesothelioma, Camp Lejeune)
When a person has passed away, they cannot bring the claim themselves. Instead, their Estate becomes the plaintiff, bringing the claim against the defendants who caused or contributed to the person’s untimely passing. An additional appointment is required when there is a wrongful death claim, requiring an Administrator Ad Prosequendum.
The application is made to the Surrogate Court, for the County in which the Decedent resided normally, or in the alternative, in the County where the passing occurred if they lived out of State. The Administration Ad Prosequendum is in addition to the normal appointment of an Administrator if the person passes without a Will. If the Decedent has a will, the Executor can normally bring the claim on behalf of the Estate, but only after they have qualified and received the appropriate documents from the Surrogate Court.
If one of your family has passed away due to someone else’s negligence, intentional bad acts, or otherwise, Ward, Shindle & Hall is available to investigate and represent the Estate against the bad actors, as well as to assist with the appointment of an Administrator ad Prosequendum and the administration of the Estate.