Time Limits for Filing a Wrongful Death Claim in New Jersey

1. HOW LONG DO I HAVE TO FILE? Beninato & Matrafajlo Law firm

2. The time limit, known as a statute of limitations, for filing a wrongful death lawsuit varies from state to state. In many states, a spouse, child, or parent of the deceased must file their wrongful death lawsuit within two years of the victim’s passing. There are, however, a few exceptions:

3. 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.

4. 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.

5. 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.

6. Discuss Your Legal Rights with NJ Wrongful Death Attorney 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. www.dmlawyer.com | 908-378-8471

7. Address Schedule Your Free Consultation 1207 EAST GRAND STREET 2ND FLOOR ELIZABETH,NJ 07201 Phone Number 908-378-8471 With our legal team www.dmlawyer.com