Practice Areas
Wrongful
Death
When a loved one dies due to someone else's negligence, New Jersey law provides surviving family members the right to seek justice and compensation for their devastating loss.
Liability
Negligence, medical malpractice, or intentional acts that cause death
Statute
2 years from date of death to file a wrongful death claim in NJ
Fee
No fee unless we win — zero financial risk during your grieving
Damages
Lost income, medical costs, funeral expenses, pain and suffering
New Jersey's Wrongful Death Act allows surviving family members to recover both economic losses and compensation for the emotional devastation of losing a loved one. The law recognizes that no amount of money can replace a life, but provides a path to financial security and accountability.
New Jersey's Wrongful Death Act, codified under N.J.S.A. 2A:31-1 through 2A:31-6, allows the personal representative of a deceased person's estate to bring a civil action when death results from a wrongful act, neglect, or default that would have entitled the deceased to recover damages if they had survived. The statute applies to deaths caused by negligence, medical malpractice, defective products, motor vehicle accidents, workplace incidents, and intentional acts. Only certain family members — typically spouses, children, and parents — are entitled to recover damages under this law.
Wrongful death compensation in New Jersey covers both economic and non-economic damages. Economic damages include the deceased's lost future earnings, benefits, and services they would have provided to the family, as well as medical expenses incurred before death and funeral costs. Non-economic damages compensate for the loss of companionship, guidance, and emotional support the deceased provided. New Jersey also allows recovery for the deceased's pain and suffering between the time of injury and death, known as a 'survival action.' The amount of compensation depends on factors like the deceased's age, health, earning capacity, and relationship with survivors.
Wrongful death cases face unique challenges, including proving that negligence directly caused the death and calculating future losses for someone who can no longer speak for themselves. Insurance companies often dispute liability or argue that pre-existing health conditions contributed to the death. Time is critical — evidence must be preserved, witnesses interviewed, and expert opinions obtained quickly. Families also face the emotional burden of litigation while grieving, which is why having experienced legal representation is essential. Additionally, if the deceased contributed to their own death, New Jersey's comparative negligence law may reduce the recovery proportionally.
The Law
What you
need to know
01
Medical Malpractice Deaths
When doctors, hospitals, or medical staff fail to provide proper care resulting in death. These cases require extensive medical expert testimony to prove the standard of care was breached.
02
Fatal Car Accidents
Deaths caused by drunk drivers, distracted driving, or other negligent behavior behind the wheel. These cases often involve multiple insurance policies and complex liability issues.
03
Workplace Fatalities
Deaths occurring at work due to unsafe conditions, defective equipment, or third-party negligence. Families may have both workers' compensation and wrongful death claims.
04
Defective Product Deaths
Fatal injuries from dangerous drugs, defective medical devices, or unsafe consumer products. These cases often involve product liability claims against manufacturers.
05
Nursing Home Neglect
Deaths resulting from inadequate care, medication errors, or abuse in long-term care facilities. These cases require investigation into staffing, training, and facility policies.
06
Premises Liability Deaths
Fatal accidents on someone else's property due to dangerous conditions like inadequate security, structural defects, or hazardous substances. Property owners have a duty to maintain safe conditions.
Cases we handle
Common scenarios
What to expect
How the
process works
Immediate Investigation
We begin investigating immediately to preserve evidence, interview witnesses, and secure expert opinions while memories are fresh. Time is critical in wrongful death cases because evidence can disappear quickly. We also help families navigate immediate concerns like autopsy requests and dealing with insurance companies.
Establish Legal Standing
We help the family establish who has legal standing to bring the wrongful death claim and assist with appointing a personal representative if needed. This involves working with the Surrogate's Court and ensuring all proper legal procedures are followed. Only certain family members can recover under New Jersey's wrongful death statute.
Build the Case
We gather all relevant medical records, employment records, and financial documents to establish both liability and damages. This includes working with economic experts to calculate lost future earnings and medical experts to establish the cause of death. We also document the emotional and financial impact on surviving family members.
Negotiate Settlement
Most wrongful death cases resolve through negotiation with insurance companies or defendants. We present a comprehensive demand package documenting all damages and negotiate aggressively for fair compensation. Our goal is to achieve maximum recovery without the additional stress of trial on grieving families.
Trial if Necessary
If settlement negotiations fail, we are prepared to take the case to trial. Wrongful death trials require presenting complex evidence about both liability and damages to a jury. We prepare every case as if it will go to trial, which often leads to better settlement offers before trial begins.
Questions
Frequently
asked
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Only the personal representative of the deceased's estate can file the lawsuit, but the compensation goes to surviving family members like spouses, children, and parents. If there's no will, the court will appoint an administrator. We help families navigate this process and ensure the right person is appointed to pursue the claim.
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Generally, you have two years from the date of death to file a wrongful death lawsuit in New Jersey. However, there are exceptions — for example, if the death resulted from a criminal act, you may have longer. It's crucial to contact an attorney as soon as possible because evidence preservation and investigation should begin immediately.
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New Jersey follows a modified comparative negligence rule. If your loved one was less than 50% at fault, you can still recover damages, though the amount may be reduced proportionally. For example, if your loved one was 20% at fault, the recovery would be reduced by 20%. We thoroughly investigate to minimize any fault attributed to the deceased.
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Yes, there may still be options. We explore all potential sources of compensation, including the defendant's personal assets, business insurance policies, or other liable parties. In some cases, your own insurance policies (like uninsured motorist coverage) may provide compensation. We also investigate whether any third parties share responsibility for the death.
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Compensation includes economic damages like lost future earnings, benefits, and services the deceased would have provided, plus medical and funeral expenses. It also includes non-economic damages for loss of companionship, guidance, and emotional support. We work with economic experts to calculate these losses based on the deceased's age, health, earning capacity, and life expectancy.
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Nothing upfront. We work on a contingency fee basis, meaning we only get paid if we recover compensation for your family. The initial consultation is free, and there's no financial risk in calling us. We understand that families are dealing with funeral expenses and lost income, so we never add to that financial burden.
Free Consultation
Lost aloved one?
Tell us what happened. We'll give you an honest assessment - no pressure, no obligation, and no fee unless we recover for you. We're available by phone or at our offices, and we're happy to meet you wherever is most convenient.
Call Us Directly
(973) 401-0064