Who Can Actually File a Wrongful Death Lawsuit in Bergen County?

While many people believe that any close family member can directly initiate a wrongful death claim after a loved one’s passing, New Jersey law, however, specifies that only one person has the legal authority to act: the personal representative of the deceased’s estate.

This distinction means that identifying the representative is the first step when your family decides to file a wrongful death lawsuit in Bergen County.

Key Takeaways for Wrongful Death Lawsuit in Bergen County

Only the court-appointed personal representative of the deceased’s estate can legally file a wrongful death lawsuit.
The personal representative is either an executor named in a will or an administrator appointed by the court.
While the representative files the claim, any recovered damages directly benefit the surviving heirs, not the estate itself.
New Jersey law sets a strict two-year statute of limitations for filing most wrongful death actions.
The Bergen County Surrogate’s Court oversees the appointment of the personal representative who manages the lawsuit.

The Role of the Personal Representative in a Wrongful Death Action

The legal system requires a formal structure to act on behalf of someone who has passed away. The person who files the claim is known as the personal representative. This individual steps into the shoes of the deceased to manage their legal and financial affairs, including the pursuit of a wrongful death action.

Appointing this representative is a necessary legal step. The court grants this person the authority to make decisions on behalf of the estate, including paying final bills and holding a negligent party accountable.

Without this formal appointment, a wrongful death claim cannot move forward in Bergen County.

Executor vs. Administrator: Understanding the Difference

The title of the personal representative depends on whether your loved one left a will. If a valid will exists, it likely names an executor to manage the estate. The Bergen County Surrogate’s Court formally approves this person to carry out the duties outlined in the document.

If your loved one died without a will, a situation known as dying intestate, the court appoints an administrator. New Jersey statutes provide an order of preference for who can serve, typically starting with the surviving spouse, then adult children.

The administrator’s authority to file a wrongful death lawsuit in Bergen County comes directly from the court.

The Legal Authority To Act for the Estate

The personal representative holds significant responsibilities, including acting as a fiduciary, meaning they must always act in the best interests of the estate and its beneficiaries. Their duties involve more than just filing paperwork; they serve as the central point of contact for the legal team and the courts.

They have the sole authority to make critical decisions throughout the legal process, including approving the filing of the lawsuit, considering settlement offers, and, if necessary, proceeding with a trial. The personal representative ensures the entire process adheres to legal standards.

How a Representative Gets Appointed in Bergen County

The appointment process happens through the Bergen County Surrogate’s Court, located in Hackensack. An individual seeking to become the personal representative must submit an application and supporting documents such as the death certificate and the original will, if one exists.

The court reviews the application to confirm the person’s eligibility to serve. Once approved, the Surrogate’s Court issues Letters Testamentary (for an executor) or Letters of Administration (for an administrator).

This document is the official proof of the representative’s authority to act on behalf of the estate.

Who Benefits From a Bergen County Wrongful Death Lawsuit?

A common point of confusion is the difference between the person who files the lawsuit and those who receive compensation. The personal representative files the claim, but they do so on behalf of the surviving heirs.

The New Jersey Wrongful Death Act specifically defines who these heirs are and what losses the compensation covers.

The lawsuit seeks to recover damages for the losses the surviving family members have suffered due to their loved one’s death. This compensation goes directly to the dependents. It doesn’t become a general asset of the estate to be used to pay the deceased’s old debts.

Identifying Heirs at Law Under New Jersey Statutes

New Jersey law identifies the specific individuals who can receive compensation from a wrongful death lawsuit. These individuals are known as heirs at law or dependents. The statute prioritizes the closest surviving relatives who relied on the deceased for financial or emotional support.

The primary beneficiaries usually include:

Surviving Spouse and Children: The spouse and any children of the deceased are the first in line to receive damages.
Parents: If there is no surviving spouse or children, the deceased’s parents may recover damages, particularly if they were financially dependent on their child.
Other Relatives: In the absence of a spouse, children, or parents, other relatives like siblings or nieces and nephews, who can demonstrate financial dependency, may qualify as beneficiaries.

Damages You May Recover

The compensation in a wrongful death claim focuses on the financial losses the heirs have suffered. The goal is to compensate the family for the tangible contributions the deceased would have provided. A Bergen County wrongful death attorney helps calculate the full extent of these losses.

Common examples include:

Loss of Financial Support: This covers the income the deceased would have earned and used to support the family throughout their lifetime.
Loss of Services: This includes the value of tasks the deceased performed, such as childcare, home maintenance, or managing household finances.
Loss of Companionship and Guidance: The law recognizes the value of the advice, companionship, and guidance a parent or spouse provides, particularly to minor children.
Burial Costs: If a surviving member of the family paid for the costs of a funeral, they may recover these costs.

Distinguishing Between Wrongful Death and Survival Actions

In addition to a wrongful death claim, the estate may also bring a survival action. Although the two claims are distinct legal actions, your lawyer often files them together. The primary difference lies in whose losses each claim addresses.

In New Jersey, a wrongful death claim compensates the surviving family members for the financial and emotional losses they suffer because of the death. In contrast, a survival action compensates the estate for the harm the deceased person personally experienced before they passed away.

This distinction affects who receives the compensation. Wrongful death damages go directly to the heirs, while any funds recovered from a survival action become part of the general estate and may be used to satisfy the deceased’s outstanding debts.

A survival action allows the estate to recover damages for the losses the deceased personally endured:

Conscious Pain and Suffering: This compensates the estate for any physical pain, emotional distress, or fear the deceased experienced from the moment of injury until their death.
Pre-Death Medical Expenses: The claim recoups the cost of all medical treatment the deceased received for their injuries before passing away.
Lost Income: This covers any wages the deceased lost between the time of their injury and the time of their death.

Maggiano, DiGirolamo & Lizzi, P.C. can help you determine if you have grounds to file a wrongful death lawsuit in Bergen County and a related survival action.

The Statute of Limitations for Wrongful Death Claims

New Jersey law imposes a strict deadline (statute of limitations) for taking legal action. In most cases, the personal representative has two years from the date of the deceased’s death to file a wrongful death lawsuit in Bergen County.

If you miss this deadline, the court will almost certainly bar the claim forever, regardless of its merits. Certain rare exceptions can alter this deadline, so consult with a Bergen County wrongful death lawyer promptly to protect your family’s rights.

Waiting to act can also weaken your case. Evidence may disappear, and witness memories can fade over time. An immediate investigation preserves the information needed to build a strong claim for accountability.

How a Bergen County Wrongful Death Lawyer Can Help Your Family

An experienced attorney provides critical support when your family needs to file a wrongful death lawsuit in Bergen County. Your legal team handles the complex procedural requirements, guiding you through probate and the executor appointment process.

Specific ways an attorney helps include:

Navigating the Surrogate’s Court: A lawyer guides your family through the process of appointing a personal representative at the Bergen County Surrogate’s Court, handling all the necessary legal paperwork.
Investigating the Incident: An attorney launches an independent investigation to gather evidence, identify all at-fault parties, and document the negligence that caused the death.
Calculating Full Damages: Your legal counsel works with financial professionals to project the full economic impact of your loss, ensuring all forms of compensation are accounted for.
Filing the Lawsuit: Your family’s lawyer drafts and files the official legal complaint, manages all deadlines, and handles communications with the defense and the court system.
Negotiating a Settlement: An experienced attorney knows how to negotiate with the at-fault party’s insurance company to secure a fair resolution that honors your family’s loss.
Litigating in Court: If the opposing side refuses to offer a fair settlement, your lawyer prepares the case for trial and advocates for your family before a judge and jury.

FAQ for Filing a Wrongful Death Lawsuit in Bergen County

What Is the Difference Between the Person Who Files the Lawsuit and the Beneficiaries?

The person who files is the personal representative of the estate, who acts as the legal plaintiff. The beneficiaries are the surviving heirs (like a spouse or children) who receive the financial compensation awarded in the lawsuit. The representative manages the case on behalf of the beneficiaries.

How Do I Become the Personal Representative if There Was No Will?

If there is no will, you can petition the Bergen County Surrogate’s Court to be appointed as the estate’s administrator. New Jersey law gives priority to the surviving spouse, then to adult children.

A lawyer can guide you through the application process to secure the necessary Letters of Administration.

Can a Spouse File a Wrongful Death Lawsuit in New Jersey Directly?

A spouse cannot file the lawsuit in their own name directly. However, the surviving spouse has the first right to request appointment as the personal representative of the estate. Once appointed as the administrator or executor, they can then file the lawsuit on behalf of all the heirs.

What Kind of Proof Do I Need To File a Wrongful Death Lawsuit in Bergen County?

To succeed, you must prove that another party’s negligence or wrongful act directly caused your loved one’s death and that you suffered measurable damages as a result. Evidence often includes police reports, medical records, witness statements, and expert testimony.

A wrongful death attorney helps gather and present this proof effectively.

Will Our Lawsuit Have To Go to Trial?

Most wrongful death lawsuits are resolved through a negotiated settlement before reaching a trial. Experienced lawyers know how to build a strong case to leverage a fair settlement offer from the responsible party’s insurance company.

If the insurer refuses a just offer, your attorney can argue your case in court.

We’ll Fight for Your Family

The foundation of any wrongful death claim begins with establishing legal standing—ensuring that the right person, the personal representative of the estate, is in place to act on behalf of the family. Without this appointment, no legal action can move forward.

Once standing is secured, the next critical step is proving that another party’s negligence or wrongful conduct caused your loved one’s death. A Bergen County wrongful death lawyer protects your family, streamlines this process, and positions your case for a fair and just resolution.

At Maggiano, DiGirolamo & Lizzi, P.C., we help families in Hackensack, Fort Lee, and throughout Bergen County manage this critical first step and every one that follows. If you have questions about your family’s rights, call (201) 585-9111 to speak with our team.