time limits for filing a wrongful death claim in new jersey
DESCRIPTION
Filing a wrongful death lawsuit in New Jersey is complicated. The period of time specified by the wrongful death statute of limitations varies. Contact the NJ wrongful death lawyer: Dan T. Matrafajlo. if you lost a loved one in an accident. We offer a free consultation.TRANSCRIPT
HOW LONGDO I HAVETO FILE?
Beninato & Matrafajlo Law firm
The time limit, known as astatute of limitations, forfiling a wrongful death
lawsuit varies from stateto state. In many states, aspouse, child, or parent of
the deceased must filetheir wrongful death
lawsuit within two years ofthe victim’s passing. There
are, however, a fewexceptions:
The Discovery Rule
The clock doesn’t begin on the statute of limitations until the party bringing
suit discovers, or with reasonable diligence should have discovered, the
victim’s passing. Moreover, if the victim was killed because of negligence that
was uncovered only after the statute of limitations lapsed, the family may still
be eligible to file suit.
Minors
Children under the age of 18 are not allowed to bring a case to court.
However, if the victim’s child was a minor at the time the death occurred, they
may be allowed to file a wrongful death lawsuit within two years after their
18th birthday, even if the original statute of limitations has expired.
Extensions
Statutes of limitations are taken very seriously by courts; therefore, it is
uncommon for them to be disregarded by a judge. There are some instances,
though, when a lawyer can successfully appeal to have them set aside, in
what is known as a motion to toll the statute of limitations. The most common
exception is when another party is responsible for ongoing delays in the case.
If your family has suffered a wrongful death, you don’t have to seek
compensation alone. Our NJ Wrongful Death Attorney at Beninato &
Matrafajlo Law firm are prepared to take on your case. Contact us today
for a free consultation.
Discuss Your Legal Rightswith
NJ Wrongful Death Attorney
www.dmlawyer.com | 908-378-8471
Schedule YourFreeConsultationWith our legal team
www.dmlawyer.com
Address
1207 EAST GRAND STREET 2ND FLOOR
ELIZABETH,NJ 07201
Phone Number
908 -378 -8471