Wrongful Death

The New Jersey wrongful death law allows family members who lose a loved one due to another person’s wrongful conduct or negligence to recover compensation for the losses they suffered on account of the death. The wrongful death attorney team at Injury Lawyers of NJ applies more than 50 years of combined personal injury practice experience to assist family members and personal representatives of estates in pursuing wrongful death claims throughout the State of New Jersey to hold those at fault accountable.

Our In-Depth Experience and Connection With Clients

When a family loses a loved one through the fault of another person, family members suffer enormous individual losses that affect their lives well into the future. While we know that no amount of money can compensate for the loss of a loved one, a wrongful death action that holds the responsible person legally and financially liable can provide a sense of closure and justice. Our compassionate wrongful death lawyers have decades of experience working with families to secure the maximum possible compensation in wrongful death actions throughout New Jersey and in the New York metro area.

A central tenet of our practice is a commitment to providing compassionate, personalized attention to every client. Our wrongful death attorneys determine the nature and full extent of losses that can be recovered in the legal action by establishing a connection with family members through straightforward, honest communication. Every concern is fully addressed, and every question is answered.

Educating and informing family members about the law and their options is a fundamental part of the discussion, because it enables the family to make fully informed decisions. We firmly believe that building a meaningful connection is the best way to provide the client with a positive experience and create a relationship of mutual trust and respect — both of which are vital values of the firm.

In a wrongful death case, our lawyers apply their decades of experience, extensive knowledge, and skill in proving liability and in documenting the losses of individual family members. In settlement negotiations with the at-fault party’s insurance company, our wrongful death attorneys are tenacious, tireless, and highly skilled. If negotiations do not result in an agreement that reflects the full compensation the family deserves, our lawyers do not hesitate to take a case to trial when necessary to achieve justice.

Wrongful Death Lawsuits in New Jersey

In the State of New Jersey, wrongful death claims are governed by detailed provisions in a specific state law found at N.J.S.A. Sections 2A:31-1 through 2A:31-5. The law creates a cause of action that benefits surviving family members when a wrongful act, neglect, or default causes death, if the decedent could have brought a personal injury action against the party that caused the injury, had death not occurred.

Initiation of a Wrongful Death Lawsuit

The law requires that a wrongful death lawsuit be initiated by the personal representative of the decedent’s estate, usually the executor of an estate with a will or an administrator of an estate without a will. If there is not an executor or administrator, the probate court may appoint an administrator for the purpose of bringing a wrongful death lawsuit.

While the personal representative of the estate initiates the wrongful death lawsuit, the action is brought on behalf of surviving family members who would be entitled to inherit from the decedent under New Jersey’s intestacy laws. Generally, that means financial recovery can be sought by a surviving spouse, children and grandchildren, parents, siblings, nephews, and nieces of the victim. In most wrongful death cases, the damages in a wrongful death case are awarded to the surviving spouse and children of the victim.

Demonstration of Liability

As with other personal injury claims, a wrongful death lawsuit requires the initiating party to demonstrate the responsible person’s liability by establishing that a duty was owed to the decedent and that the at-fault party breached the duty. In most wrongful death cases, establishing the negligence of the responsible party demonstrates the breach of duty.

Recovering compensation also requires a showing that the breach of duty (negligence) of the at-fault party caused the decedent’s injuries and death. Finally, compensation in a wrongful death case is awarded on the basis of specific pecuniary (financial) losses suffered by individual family members. Demonstrating the value of those losses is the responsibility of the party filing the lawsuit.

Compensation

To recover compensation eligible family members must demonstrate dependency and pecuniary (financial) losses as the result of the death, such as:

• Loss of income that the victim would have earned and contributed to the survivors
• The economic (not emotional) value for loss of services, care, assistance, guidance, and training that the decedent would have provided
• Reasonable funeral and medical expenses

The total amount of compensation reflects financial losses up to the date of settlement or verdict, as well as the present value of future financial losses. Pain and suffering and other emotional damages are not recoverable in a wrongful death case in New Jersey.

After total compensation is determined in a wrongful death case through a settlement or verdict, the judge determines the allocation of the total to individual family members on the basis of dependency and other factors specified in the wrongful death law. The compensation is distributed directly to those individuals, not to the personal representative or the estate. The personal representative has no role in apportionment of the compensation.

Statute of Limitations

In most situations, a wrongful death action must be filed within two years of the date of the decedent’s death. Except in limited circumstances, the right to bring an action is lost when the limitation period expires.

Why Hire Injury Lawyers of NJ to Pursue a Wrongful Death Claim?

Our wrongful death lawyers have decades of experience helping families recover compensation for their losses in wrongful death cases. We thoroughly investigate the circumstances and meticulously gather evidence to establish the liability of the party who caused the death and to document the losses of individual family members. Throughout the process, we provide support and legal guidance to the family. Our wrongful death attorneys understand the emotional aspects of a wrongful death case and maintain close communication to keep family members fully advised at all times.

Attorneys Sheri Breen and Natalie Zammitti Shaw established Injury Lawyers of NJ after practicing personal injury law together for almost 25 years at another firm. Their combined negotiated settlements total more than $500 million. Sheri and Natalie formed their own boutique law firm to offer every client the full benefit of their exceptional combined practice capabilities.

Our lawyers’ uncommon depth of experience is not the only quality that sets our practice apart from other law firms in the same practice area. Sheri and Natalie are hardworking attorneys who are proud of taking a non-traditional approach to personal injury law and wrongful death cases. They achieve victory for clients through case-specific strategic legal theories and creative analysis that maximize the client’s financial recovery.

Both lawyers are tenacious, tireless, and highly skilled negotiators and litigators, who do not hesitate to take a case to court when a trial is necessary to achieve justice for the client. Natalie is certified by the Supreme Court of New Jersey as a civil trial attorney, an achievement earned by only about 2.2% of all active attorneys in New Jersey, and only held currently by approximately 30 women in the State.

Schedule a Free Consultation With Our NJ Wrongful Death Attorneys

If you lost a loved one through the fault of another person, our wrongful death lawyers offer a free initial consultation to discuss your case. We help clients with wrongful death claims throughout the State of New Jersey. Our attorneys are also licensed in the State of New York.

If you retain us to represent you, we take the case on a contingent fee basis. You do not pay us any legal fees unless we recover compensation for you. We welcome you to use the online contact form to schedule a no-cost consultation to discuss your case.