Understanding Wrongful Death Claims: A Comprehensive Guide to Legal Rights and Procedures
David Maran • June 21, 2025
What is the difference between survivorship damages and wrongful death claims?
Wrongful death cases involve two distinct legal actions filed in the same complaint. Survivorship damages cover any conscious pain and suffering endured by the deceased before death, which becomes part of their estate and is distributed according to their will or intestate statute. Wrongful death claims, however, run directly to the dependents who received time and attention from the deceased, covering losses like companionship, guidance, and financial support.
How are wrongful death cases filed in court?
While these are two separate claims, they're typically included in the same lawsuit but pleaded separately as different counts. This separation is necessary because they involve different theories and benefit different classes of people. This approach makes the case more understandable for the court and follows recognized ways of presenting claims.
What immediate steps should be taken after losing a loved one?
Important initial steps include:
- Obtaining a death certificate with a raised seal from the funeral director
- Locating the original, most recent will
- Contacting the probate/surrogate court in the county where the person passed
- Considering the need for an autopsy
- Setting up the estate for the deceased
Who has the legal right to file a wrongful death lawsuit?
If there's a will, the named executor has the right to bring the claim. Without a will, the intestate statute determines who can file:
- Spouse has first right as administrator
- For divorced/widowed parents, children can file together
- Siblings must agree on one administrator to represent the family
- The administrator speaks for the family but doesn't affect distribution of settlements
How are damages calculated and distributed in wrongful death cases?
Damages are calculated through:
- Economic reports based on statutory prescribed methods
- Evaluation of time spent with the deceased
- Assessment of financial support provided
- Consideration of companionship and guidance
Distribution is determined through:
- Court-approved distribution orders
- Economic expert calculations
- Individual evaluation of each dependent's losses
- Consideration of relationships and time spent with deceased
- Potential court hearings if dependents disagree on distribution
What exactly is wrongful death under New Jersey law? Wrongful death in civil law focuses on claims made by dependents of someone who has passed away against those responsible for their loved one's death. Unlike criminal cases which result in punishment, civil wrongful death claims seek monetary damages. New Jersey law specifically doesn't allow claims for grief or loss of love, as these are considered priceless. Instead, compensation focuses on quantifiable monetary losses.
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