NJ Supreme Court Clarifies Fault Allocation in Out-of-State Wrongful Death Claims

Losing a loved one is a uniquely painful experience, and the grief can be compounded when their death results from someone else’s negligence. In 2016, New Jersey saw 571 fatal motor vehicle crashes, highlighting the frequency with which negligence can lead to tragic outcomes. When a wrongful death occurs across state lines, it introduces complex legal challenges, particularly concerning how fault is allocated among potentially responsible parties. The New Jersey Supreme Court has recently addressed a critical aspect of these cases, clarifying the rules for fault allocation when out-of-state parties are involved in wrongful death claims. This clarification impacts how these cases are pursued and how liability is determined.

Understanding Wrongful Death Claims in New Jersey

In New Jersey, a wrongful death claim arises when a person’s death is caused by the “wrongful act, neglect, or default of another.” This definition, outlined in New Jersey Statute 2A:31-1, essentially means that if the deceased person could have filed a personal injury lawsuit had they lived, their surviving family can file a wrongful death claim.

To succeed in a wrongful death claim, several elements must be proven:

Duty of Care: The defendant owed a duty of care to the deceased.
Breach of Duty: The defendant breached that duty through negligence or intentional actions.
Causation: The defendant’s breach directly caused the death.
Damages: The surviving family members suffered financial losses as a result of the death.

It’s important to note that in New Jersey, the personal representative (executor or administrator) of the deceased person’s estate must file the wrongful death claim. The claim is filed on behalf of surviving family members, who may include a spouse, children, parents, siblings, nieces, and nephews, particularly those who were financially dependent on the deceased.

The Challenge of Out-of-State Wrongful Death Claims

When the circumstances surrounding a wrongful death involve parties from different states, the legal landscape becomes more complicated. One key issue is determining which state’s laws apply, a concept known as “choice of law.” Additionally, questions arise about whether a New Jersey court has jurisdiction over out-of-state defendants.

Key Considerations in Multi-State Wrongful Death Cases:

Jurisdiction: Can a New Jersey court exercise authority over the out-of-state defendant?
Choice of Law: Which state’s laws will govern the case?
Fault Allocation: How will responsibility be divided among defendants, especially if some are outside the court’s jurisdiction?

The NJ Supreme Court’s Clarification on Fault Allocation

The New Jersey Supreme Court recently addressed the issue of fault allocation in the Estate of Crystal Walcott Spill v. Markovitz case. This case involved a wrongful death suit where one of the potentially negligent parties was an out-of-state doctor over whom New Jersey courts lacked personal jurisdiction.

The court clarified that while an out-of-state party not subject to New Jersey jurisdiction cannot be directly included on the verdict form for fault allocation under the Comparative Negligence Act (CNA), they may still be considered a joint tortfeasor for contribution purposes under the Joint Tortfeasors Contribution Law (JTCL).

What does this mean?

A jury cannot assign a percentage of fault to the out-of-state party in the initial verdict.
However, the defendants who are subject to New Jersey jurisdiction retain the right to pursue contribution claims against the out-of-state party in a jurisdiction where that party is subject to jurisdiction.

This ruling balances the need for fair allocation of responsibility with the limitations of a court’s jurisdiction. It prevents a situation where a defendant within New Jersey bears a disproportionate share of the liability simply because another potentially responsible party is located elsewhere.

Practical Implications for Wrongful Death Claims

This clarification from the NJ Supreme Court has several practical implications for wrongful death claims involving out-of-state parties:

Thorough Investigation: It is crucial to conduct a comprehensive investigation to identify all potentially responsible parties, regardless of their location.
Strategic Litigation: Plaintiffs and defendants need to strategically plan their litigation, considering the possibility of pursuing contribution claims in other jurisdictions.
Expert Legal Counsel: Navigating these complex legal issues requires the guidance of experienced attorneys who understand the intricacies of multi-state litigation and fault allocation.

Seeking Legal Assistance

If you have lost a loved one due to someone else’s negligence, and the circumstances involve parties from outside of New Jersey, it is essential to seek legal advice from a qualified attorney. A knowledgeable attorney can help you understand your rights, navigate the complex legal landscape, and pursue the compensation you deserve.

Remember: In New Jersey, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. Consulting with an attorney as soon as possible is crucial to ensure that your claim is filed within the applicable time frame.