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Question: Personal Injury - New Jersey

Asked on 11/4/2009

Can an illegitimate child receive settlement from a wrongful death lawsuit filed by a widow and her 2 children?


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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


If the child can prove paternity, the child becomes a necessary party to the wrongful death action;  if you're the child and you have that proof, you need an attorney, to get you into the case and protect your interests.  There is no difference, under New Jersey law, between a child born in wedlock and one born outside a marriage, for purposes of inheritance or survivors' rights.

The problem, of course, is that if paternity hasn't already been established, it becomes very difficult to do that after the father's death.



  • Answered on 11/4/2009
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