Newark Wrongful Death Attorney

New Jersey Wrongful Death Claims Explained

Many people contact us because they aren’t sure whether their situation qualifies as a wrongful death case. In New Jersey, a wrongful death claim generally involves a death caused by someone else’s negligent, reckless, or wrongful conduct. That conduct might involve a traffic crash, medical care, an unsafe workplace, or other preventable events.

Under the New Jersey Wrongful Death Act, the action is brought in the name of the personal representative of the estate, such as an administrator ad prosequendum, administrator, executor, or administrator with the will annexed, depending on the estate’s circumstances. The claim is pursued for the benefit of surviving family members, which may include a spouse, children, or parents and other relatives who were financially dependent on the person who died. The estate representative and the people entitled to receive damages are related roles but aren’t necessarily the same person. We explain how this structure applies to your family’s situation during a consultation.

New Jersey law also recognizes a separate survivor action, which may address damages the person who died could have pursued if they had lived, including qualifying pain and suffering from the time of injury until death. Recovery through a survivor action proceeds through the estate. We explain how both claims interact and what categories of loss may be relevant when we review your matter.

Time limits are another concern. New Jersey law imposes strict deadlines on wrongful death and related claims, and while a two-year period is commonly associated with these cases, exceptions and claim-specific factors can affect that general rule. Waiting too long can make it harder to gather evidence and may affect your ability to file. When a death occurs in Newark or anywhere in the state, it is wise to speak with a wrongful death attorney as soon as you’re able, even if you aren’t yet sure whether you will proceed.

Liability in Newark Wrongful Death Cases

Depending on the facts, potentially responsible parties may include:

• Drivers who cause serious collisions by speeding, driving while distracted, or ignoring traffic signals.
• Trucking or transportation companies that put unsafe vehicles or unfit drivers on the road.
• Property owners or managers who allow dangerous conditions to exist without proper warnings or repairs.
• Employers, contractors, or site operators that fail to follow safety rules at workplaces or construction sites.
• Healthcare providers whose negligent acts or omissions may have contributed to a preventable death.

New Jersey follows a comparative negligence standard, which means damages can be reduced according to a claimant’s percentage of fault. Recovery isn’t barred unless the claimant’s share of negligence exceeds that of the opposing party or parties combined. This is one reason a thorough liability investigation matters: establishing the full picture of what happened and who contributed to it can affect the family’s recovery.

Compensation & the Legal Process

Families often want to know what happens if they decide to move forward. While every case is unique, there are common stages. The process usually begins with a careful review of the facts and available documentation, followed by an investigation to better understand what occurred and who may be responsible.

Insurance Negotiations & Litigation

Once we have enough information, our team typically presents a claim to the appropriate insurers or parties and begins discussions about resolution. Some matters settle through negotiation, while others may require filing a lawsuit. Our attorneys are trial-ready and can prepare a matter for court when negotiation doesn’t produce an acceptable result.

Damages, Results & Client Communication

In a wrongful death matter, compensation is generally focused on financial losses, sometimes referred to as pecuniary losses, suffered by the family. These can include lost financial support and benefits the deceased person would have provided, the value of household services, and certain expenses such as funeral and burial costs. A related survival action may separately address qualifying damages from the period between the injury and death. We explain how both claims work under New Jersey law and what documentation may support each category.

Our firm has recovered hundreds of millions of dollars in personal injury verdicts and settlements over more than 40 years, including settlements of $14.1 million and $14 million in drunk driving cases, $8 million in motor vehicle accident cases, and $3 million in a bus accident matter. These are historical results and are not a prediction of what any particular family may recover.

Talk with Our Team About Your Next Step

If your family has lost a loved one in a preventable incident in this area, we invite you to speak with us about your questions. A confidential consultation can help you understand your options, learn how New Jersey law may apply, and decide whether to pursue a claim. You can reach DeZao & DeZao, P.C. any time, and same-day appointments are available for urgent matters. There is no fee unless we recover compensation for you and no obligation to proceed after the consultation.

To discuss your potential wrongful death claim in Newark and speak directly with our team, call (973) 358-6134.