Navigating Wrongful Death Statute of Limitations in New Jersey: Your Essential Guide

You do not have unlimited time to file a wrongful death lawsuit against the responsible party. There are numerous reasons why you may need to act quickly. The most important one is that the law restricts the period for your lawsuit. It is vital that you contact an attorney as soon as possible after your loved one has passed to begin the legal process. Even if you do not file a lawsuit immediately, your attorney must do some background work to put you in the strongest possible legal position.

You Have a Limited Time Window to File a Lawsuit

Like every other state, New Jersey limits the time a family has to file a wrongful death lawsuit. The statute of limitations protects the defendant from being served with a lawsuit many years in the future when they may not have the evidence to present their case. In New Jersey, the statute of limitations for a wrongful death case is two years from the date of the decedent’s passing.

While the statute of limitations may seem straightforward, there are often legal issues surrounding it that could complicate your case. If you miss the wrongful death statute of limitations by even a day, you will completely lose the right and ability to seek financial compensation. A court cannot hear a case filed after the statute of limitations expires. Your legal rights have a shelf life; once the time period elapses, they no longer exist.

There are very few exceptions to the statute of limitations, which are strictly construed. You are the one who has the burden of proof to demonstrate that an exception would apply. If you are in a position where you need to argue that there is an exception, you are in a very tenuous legal spot.

You Cannot Afford to Delay the Legal Process

While two years may seem like a long period, much must happen before you can file a lawsuit. Your attorney would need to perform a complete investigation of the circumstances of the accident, gathering the information you need to prove your case. Then, your attorney may seek to negotiate a settlement agreement by filing an insurance claim. It could take a considerable amount of time to reach a settlement.

Just because you have a certain amount of time to file a lawsuit does not mean you should take all that time to begin the legal process. You should contact an attorney as soon as possible after your loved one dies because they would need time to build your case and negotiate a settlement. The last thing you want is for an attorney to rush to file a lawsuit as the statute of limitations expires. First, it would be extremely difficult for your lawyer to gather the necessary evidence the further away you are from the actual accident. Second, your lawyer could make a mistake if they are rushing.

Contact Our New Jersey Wrongful Death Lawyers at Kitrick, McWeeney & Wells, LLC for More Information

Our New Jersey wrongful death lawyers at Kitrick, McWeeney & Wells, LLC are ready to help your family during this difficult time. Call us at 732-920-8383 or contact us online for a free consultation. We have offices in Manasquan and Brick, New Jersey, and we serve clients in Middlesex County, Atlantic County, Mercer County, Monmouth County, and Ocean County.