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 all types of wrongful death cases, including those 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 been serving all 21 counties of New Jersey since 1939. We are passionate about protecting the rights of clients, and experienced in handling complex and high-stakes claims. Call or contact us online to request a FREE consultation.
New Jersey Wrongful Death FAQ
Who can file a wrongful death lawsuit in 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 (i.e. a motorist who drives under the influence breaches the duty of care they owe others on the road).
- The defendant’s negligence was more likely than notthe cause of the accident and 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 claims?
Wrongful death cases in New Jersey 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.