New Jersey Wrongful Death Lawyers
Nothing can undo the loss of someone you love. What we can do is carry the legal fight — holding the responsible party accountable and securing your family's future — so you have room to grieve. No fee unless we win.
A New Jersey wrongful death case is actually two claims: the Wrongful Death Act compensates survivors for their financial losses, and a Survival Action compensates the deceased for their pain and suffering before death. New Jersey limits the wrongful-death recovery to pecuniary (financial) losses — it does not pay for grief itself — so recovering the full value takes real skill. The claim is filed by the estate's representative, and you generally have two years from the date of death. No fee unless we win. Free review: (201) 335-6788.
How a wrongful death case works.
A New Jersey wrongful death case is really two separate claims, and pursuing both is how families recover the most. One compensates the survivors for their financial loss. The other compensates the person who died for what they endured before death.
Wrongful Death Act
- Lost income & financial support the deceased would have provided
- Loss of household services
- The pecuniary value of lost guidance, counsel & companionship
- Medical & funeral expenses
Survival Action
- The deceased's conscious pain & suffering before death
- Medical bills incurred before death
- Lost wages from injury until death
- Punitive damages, in cases of egregious conduct
What the law does — and doesn't — allow.
New Jersey is unusual here, and you deserve to know it up front. Under the Wrongful Death Act (N.J.S.A. 2A:31-1), a family's recovery is limited to pecuniary — financial — losses. The statute does not compensate grief or emotional suffering itself the way some other states do.
That makes skilled representation matter more, not less. Much of a family's real loss — the guidance, counsel, and companionship the deceased provided — has a provable financial value, and building that case fully is the difference between a token offer and a just recovery. Where a family member witnessed the death, a separate emotional-distress claim may also be possible.
The essentials.
Who files. A wrongful death claim must be brought by the executor or administrator of the deceased's estate on behalf of the surviving family — not by each relative individually. Proceeds are distributed among heirs based on their dependency on the deceased.
The deadline. Generally two years from the date of death under N.J.S.A. 2A:14-2. Miss it, and the right to recover is usually lost — so it's important to speak with a lawyer early, even while grieving.
When another's negligence takes a life.
- Fatal car, truck & motorcycle crashesReckless, distracted, or impaired drivers.
- Medical malpracticeMisdiagnosis, surgical errors, and failures to treat.
- Workplace & construction accidentsFalls, machinery, and unsafe sites.
- Nursing home neglectPreventable harm to a vulnerable loved one.
Serving New Jersey & New York.
From our offices in Elmwood Park and Brooklyn, we represent clients throughout Bergen County and the greater New York metro area, including:
Verdicts and settlements shown were obtained by attorneys at Whittel & Melton and are presented with permission. Prior results do not guarantee a similar outcome.
Wrongful death questions, answered.
What is the difference between a wrongful death claim and a survival action?+
They compensate different losses. The wrongful death claim compensates the surviving family for their financial losses — lost support, services, and the value of lost guidance and companionship. The survival action compensates the estate for what the deceased personally endured before death, including conscious pain and suffering and pre-death medical bills. Most cases pursue both.
Can I recover for my grief and emotional suffering?+
Not under New Jersey's Wrongful Death Act itself, which is limited to financial losses. This surprises many families. However, a large part of that financial loss — the guidance, counsel, and companionship your loved one provided — has a real, provable value we build into the case. If you witnessed the death, a separate emotional-distress claim may also be possible.
Who is allowed to file a wrongful death lawsuit in New Jersey?+
The executor or administrator of the deceased's estate files on behalf of the surviving family — not each relative separately. If there's no will, the court appoints an administrator. Any recovery is then distributed among the heirs based on their dependency on the deceased.
How long do we have to file?+
Generally two years from the date of death under N.J.S.A. 2A:14-2. There are limited exceptions, but waiting is risky — evidence fades and the deadline is strictly enforced.
Is there a limit on how much can be recovered?+
New Jersey does not cap the compensatory damages in a wrongful death case. The value depends on the deceased's income and role in the family, the survivors' dependency, and the circumstances of the death.
What kinds of cases lead to a wrongful death claim?+
Any death caused by another's negligence or wrongful act — fatal car, truck, and motorcycle crashes, medical malpractice, workplace and construction accidents, and nursing home neglect are among the most common.
What will this cost us?+
Nothing up front. We handle wrongful death cases on contingency — you pay no fee unless and until we recover for your family.
Can punitive damages be awarded?+
Sometimes — typically through the survival action, in cases of especially reckless conduct such as drunk driving. We'll tell you honestly whether your case supports them.
Tell us what happened.
A few quick questions is all it takes. No cost, no obligation, and everything you share is kept strictly confidential.
We respond to every request within one business hour.