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New Jersey Wrongful Death Attorney

Millions Recovered for Families Across NJ

New Jersey allows families to seek justice for a loved one’s preventable death. If you want to explore your rights for legal action against a party whose negligence caused your loved one’s death, our New Jersey wrongful death lawyers at Levinson Axelrod, P.A. are here to help.

Levinson Axelrod, P.A. is one of New Jersey’s premier personal injury practices. We have decades of experience guiding families through wrongful death lawsuits and survival actions, and the resources to take on powerful defendants and insurance companies.

We handle wrongful death cases arising from:

Levinson Axelrod, P.A. has fought for victims since 1939. We are passionate about helping clients seek compensation for their damages and experienced in handling high-stakes claims. Contact us to request a FREE consultation.

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New Jersey Wrongful Death FAQ

Who Can File a Wrongful Death Lawsuit New Jersey?

New Jersey’s Wrongful Death Act requires wrongful death actions to be brought by a personal representative for the victim’s surviving family members. A representative may be an executor named in the victim’s will, or a person appointed by a probate court to serve as the estate’s administrator.

To be entitled to a recovery of damages obtained through wrongful death actions, survivors will need to establish “actual dependency” upon the decedent or be a qualified survivor under New Jersey’s intestate laws. This means the following parties may be eligible to recover:

  • Surviving spouse and children.
  • Surviving parents, if there is no surviving spouse or children.
  • Surviving siblings or other relatives, if there are no surviving parents.

Do I Have a Wrongful Death Case?

It depends. Unfortunately, not every death is grounds for legal action. In New Jersey, surviving family members who wish to pursue a wrongful death lawsuit must meet a few essential legal elements.

While you should always have a qualified attorney review the viability of your claim based on specific facts, you may have a case if the following can be proven:

  1. A duty of care was owed to the decedent by the defendant.
  2. The defendant was negligent in breaching the duty of care .
  3. The defendant’s negligence was more likely than not the cause of death.
  4. The decedent and your family suffered damages as a result.

What is the NJ Statute of Limitations for Wrongful Death?

Wrongful death lawsuits in New Jersey are subject to a statute of limitations – a legal deadline by which claims must be filed. If a statute of limitations expires, no claim for compensation can be brought.

For most wrongful death cases, the statute of limitations is 2 years. However, statute of limitations may be different under certain circumstances, such as the death of a minor, or a death arising from an illness or injury for which an underlying negligent cause was not immediately discovered.

Because determining the correct statute of limitations in your case is a fact-specific task, our attorneys at Levinson Axelrod are available to provide a personalized evaluation. We also encourage families to bring claims to the attention of a lawyer as soon as possible – both to ensure time for needed investigations and to avoid issues with the statute of limitations.

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Reviews & Testimonials

*Results may vary depending on your particular facts and legal circumstances.
  • I want to thank you for all of your help settling my case seamlessly and promptly with an unexpected, and speechless outcome. I'm still in a bit of shock and I'm still processing it all. After my case bounced from associate to associate, I had...
    - G.K.
  • Celine took what I thought would be a stressful situation and turned it into a wonderfully positive experience for me and for my family. Her passion for her job, and her compassion towards her clients, is without limit. She is a fighter.

    - P.G.
  • I recently had the pleasure of working with the remarkable attorneys, Celine and Richard, at Levinson Axelrod, and I cannot recommend them highly enough! Thank you for your exceptional work and for going above and beyond to secure justice for your clien

    - P.T.
  • "Thank you and your team for fighting so hard for me."

    Thank you for your quick response and for the information. Most importantly, thank you and your team for fighting so hard for me. I am grateful to have had such a caring and diligent team representing me throughout this ordeal.

    - M.F.

    Why Trust Levinson Axelrod, P.A.?

    • We have recovered more than $1 billion in compensation for clients.
    • We’re named among U.S. News ­– Best Lawyers “Best Law Firms”.
    • We have Certified Civil Trial and Workers' Compensation Specialists on staff.
    • Our award-winning attorneys and staff care about our clients.

    *Results may vary depending on your particular facts and legal circumstances.

    • $3,000,000 Wrongful Death Jury Verdict

      A worker developed asbestosis and lung cancer due to Asbestos exposure. Evidence at trial proved asbestos to be a defective product, which causes harm to workers who use it. Jury awarded the victim's widow damages for wrongful death.

    • $1,500,000 Wrongful Death Settlement

      A 36-year-old Parsippany man died in a motor vehicle accident in Pennsylvania when a bus driver lost control of his bus and collided with the rear end of a tractor-trailer.

        No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Click here to learn more about these awards.

        At Levinson Axelrod We Never Settle For Less, and Neither Should You Contact Us Today to Speak Directly to an Attorney