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:
- Motor vehicle accidents
- Fatal workplace accidents
- Construction accidents
- Defective products
- Premises accidents
- Medical malpractice
- Nursing home abuse
- Wrongful birth
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’ Comp Specialists on staff.
- Our award-winning attorneys and staff care about our clients.
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.
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 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:
- A duty of care was owed to the decedent by the defendant.
- The defendant was negligent in breaching the duty of care .
- The defendant’s negligence was more likely than not the cause of death.
- The decedent and your family suffered damages as a result.
What is the Statute of Limitations?
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.
How Do Damages Work in Wrongful Death Cases?
Wrongful death cases in New Jersey can provide financial compensation to a decedent’s surviving family.
While wrongful death cases may involve more than one civil claim arising from a person’s death, these claims address different types of damages and are handled as part of the same case. As outlined in the New Jersey Wrongful Death Act and Survival Statute, these claims can include:
- A wrongful death action, which entitles a victim’s surviving family to compensation for economic losses arising from their death.
- A survival action, which provides for the recovery of damages a decedent would have been entitled to had they survived (i.e. losses incurred after an accident and prior to death).
- A claim for negligent infliction of emotional distress, which is brought as a separate cause of action to recover damages for the emotional damages suffered by surviving spouses / family.
Recoverable damages in a wrongful death case include:
- Lost financial support
- Burial and funeral expenses
- The monetary value of a decedent’s household services
- Loss of guidance, education, and nurturing
- Any medical bills, pain and suffering, or lost wages prior to death
- Emotional suffering of survivors
Discuss Your Wrongful Death & Survival Action with a New Jersey Lawyer
We understand your family is going through a difficult time. Not only are you grieving, but there are also important legal questions to be answered.
New Jersey’s Wrongful Death Act protects your right as a family member to pursue financial damages for the death of your loved one. During a difficult time, fighting for a sense of justice and financial compensation can be invaluable.
To discuss your case, rights, and legal options with an attorney from our team, call or contact us online. Consultations are free and confidential.
Medical Malpractice Settlement $12,500,000
Tractor-Trailer Jury Verdict $8,000,000
A 35-year-old laborer who resides in Kearny was seriously injured while working on the median of a highway when a passing tractor-trailer lost a wheel that struck him. Evidence at trial established that after a recent tire change, the lug nuts were not properly secured by both the owner and the independent contractor who had installed the tire. Our client suffered severe head and orthopedic injuries and is now totally disabled as a result of the accident.
Premises Liability Jury Verdict $7,000,000
A woman was putting her 3-year-old son on a carnival amusement ride while holding onto a portable fence when she received an electrical shock. Our client was hospitalized and later developed Traumatic Dystonia, a condition that caused tremors in the hand and makes the fingers curl.
Personal Injury Settlement $7,000,000
A Middlesex County man was severely injured and burned as a result of a collision with a truck. The truck driver had lost control of his vehicle and had come through a median barrier which had failed to redirect the truck away from oncoming traffic. Expert testimony established that the median barrier was defective and therefore failed to protect motorist from this type of accident.
Personal Injury Jury Verdict $6,000,000
A female drunk driver crashed into plaintiff’s vehicle causing multiple fractures to the right ankle and foot. Plaintiff’s doctor testified that plaintiff would be under pain management protocol for the rest of his life due to this condition.
Tractor-Trailer Settlement $3,700,000
A Morristown woman was injured when her vehicle was struck by a tractor-trailer that lost control on black ice on Interstate 287. The defendant's truck had jack-knifed as it was changing lanes in order to avoid an earlier accident. The accident resulted in our client suffering severe head injuries.
Product Liability Jury Verdict $3,500,000
Worker injured by product defect on his commercial truck.
Personal Injury Verdict $3,200,000
Levinson Axelrod, P.A. Partner Kim Gozsa recently obtained a $3.2 million dollar verdict on behalf of a client who was injured in a slip and fall accident at an outlet shopping plaza in Jackson, New Jersey. The substantial jury award stems from a case in which Kim’s client slipped and fell on ice on a sidewalk at the Jackson Premium Outlets, an outlet shopping center in Jackson Township, New Jersey.
Personal Injury Settlement $3,000,000
A 31-year old iron worker was injured in a construction site accident when he was struck in the head by a cinder block. Despite the facts that he was wearing a hard hat at the time, the plaintiff still received a serious closed head injury resulting in both memory loss and total disability. The case was handled by both Richard Levinson and James Dunn and settled at the time of trial.
Wrongful Death Jury Verdict $3,000,000
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.
Premises Liability Jury Verdict $3,000,000
An Edison delivery man slipped on a wet floor while delivering a package. He broke his knee in the fall and suffered an injury to his spine, which in turn aggravated pre-existing conditions of incontinence and impotence which had been caused by previous injuries.
Premises Liability Jury Verdict $3,000,000
Our client, a North Plainfield man, was injured when he slipped and fell on snowy steps while exiting his building. He suffered a lumbar disc injury, requiring surgery. The jury found his landlord 100% liable for the accident for failing to clear the steps to the building.
Inadequate Security Jury Verdict $2,700,000
A mother of nine was shot and killed while working at a convenience store. Evidence at trial proved a lack of adequate security, including a panic button and outgoing phone line, had placed this worker at risk. Expert testimony also established that there was an increased risk of criminal activity in convenience stores which had inadequate surveillance equipment. The matter was upheld on Appeal, and settled prior to being reviewed by the New Jersey Supreme Court.
Third-Party Work Injury Settlement $2,650,000
The plaintiff sustained a traumatic amputation of one leg, and a crush injury to the opposite foot, in a construction site accident. The claim was brought against the Department of Transportation, as it had a duty to monitor safety on the work site and its failure to do so contributed to the happening of this accident.
Motorcycle Collision Settlement $2,500,000
A young man was seriously injured while riding his motorcycle to work when another driver made a left hand turn in front of him, leaving our client had no memory of the accident. He suffered a number of serious fractures and underwent multiple surgeries, leaving him with disabilities. The case settled on the second day of trial.
Premises Liability Settlement $2,500,000
Our client was injured while delivering a 3,000 pound piece of equipment to defendant's premises. The defendant's employees were assisting our client in unloading the product when one of them prematurely activated the lift gate, causing the piece of equipment to fall and strike his legs. He suffered serious injuries to both legs, requiring multiple surgeries.
Personal Injury Settlement $2,500,000
Our client suffered a traumatic head injury after falling due to an unsecure railing.
Auto Accident Settlement $2,500,000
Levinson Axelrod Partner, Mark V. Kuminski represented a local Franklin Township woman who was involved in a three-car motor vehicle accident. The incident occurred when one of the drivers, later named as the defendant in the personal injury lawsuit filed by Mark and our firm, rear-ended a vehicle that had been stopped. Mark’s ability to express the full scope of damages incurred by our client, proved successful in compelling the jury to rule in our client’s favor.
Personal Injury Jury Verdict $2,250,000
The plaintiff injured her ankle when she stepped into a cement cut out in a commercial sidewalk where a tree had been planted. The plaintiff had been walking on the sidewalk on her way to a down town holiday festival. Her attention had been distracted by a negligently placed chestnut grilling stand, thereby diverting her attention away from the cut out. The plaintiff brought claims against both the property owner and the operator of the chestnut stand.
Construction Accident Settlement $2,200,000
The plaintiff sustained a herniated disc in his lower back, for which he was required to undergo a surgical fusion. When the surgery failed to improve his symptoms, the plaintiff underwent the implantation of a spinal cord stimulator.
Levinson Axelrod, P.A. is committed to helping good people through difficult times. We build real relationships and make communication a priority to provide the best possible service and results.
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