Who can bring a wrongful death lawsuit?
A. The persons authorized by law to bring a wrongful death claim is sometimes different than the persons who are entitled to recover. The person usually authorized to bring the claim is the Executor if the person died with a will or the Administrator ad Prosequendum if the person died without a will. N.J.S.A. 2A:31-2 provides: every action commenced under this chapter shall be brought in the name of an administrator ad prosequendum of the decedent for whose death damages are sought, except where the decedent dies testate and his will is probated, in which event the executor named in the will and qualifying, or the administrator with the will annexed, as the case may be, shall bring the action.
