New Jersey Wrongful Death Attorneys — Seeking Justice for Families

Losing a family member is devastating. When that loss was caused by someone else's negligence, carelessness, or wrongful act, the grief is compounded by anger and a sense of injustice. No lawsuit can bring your loved one back. But a wrongful death claim can hold the responsible party accountable and provide the financial security your family needs going forward.

Papa Alpha & Alpha Law represents families across Springfield and New Jersey in wrongful death cases. We handle these cases with the seriousness and sensitivity they demand.

What Is a Wrongful Death Claim in New Jersey?

A wrongful death action is a civil lawsuit brought when a person dies due to the wrongful act, neglect, or default of another. New Jersey's Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.) provides the legal framework for these claims.

A wrongful death claim can arise from any fatal incident caused by negligence, including:

• Car, truck, or motorcycle accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Premises liability incidents
• Criminal acts such as assault or homicide

If the deceased person would have had the right to file a personal injury lawsuit had they survived, their family generally has the right to bring a wrongful death action.

Who Can File a Wrongful Death Lawsuit in New Jersey?

Under the Wrongful Death Act, the lawsuit is filed by the administrator or executor of the deceased person's estate on behalf of the surviving dependents.

If there is no will, the court appoints an administrator, typically the surviving spouse or next of kin. The administrator acts as a representative for all eligible beneficiaries.

Damages recovered in a wrongful death suit are distributed to the decedent's surviving dependents. Under New Jersey law, dependents typically include:

• Surviving spouse or domestic partner
• Children (including adopted and stepchildren)
• Parents (if the deceased had no spouse or children)
• Other next of kin who were financially dependent on the deceased

The distribution of damages is governed by New Jersey's intestate succession laws if there is no will.

Two Separate Claims: Wrongful Death and Survival Action

New Jersey law recognizes two distinct claims when someone dies due to another's negligence:

The wrongful death claim compensates the surviving family members for their losses resulting from the death. This includes:

• Loss of financial support the deceased would have provided
• Loss of companionship, guidance, and parental care
• Loss of household services
• Funeral and burial expenses
• Medical expenses incurred before death

The survival action (N.J.S.A. 2A:15-3) compensates the estate for the pain, suffering, and losses the deceased person experienced between the time of injury and the time of death. This claim belongs to the estate, not directly to the family, and recovers:

• The deceased person's pain and suffering before death
• Medical expenses incurred during treatment
• Lost wages from the date of injury to the date of death

Both claims are typically filed together. The survival action compensates for what the deceased endured. The wrongful death claim compensates for what the family lost.

Proving a Wrongful Death Case

To succeed, we must prove:

1. The death was caused by a wrongful act, neglect, or default. This means the responsible party was negligent, reckless, or committed an intentional wrongful act.
2. The surviving family members suffered pecuniary (financial) losses. New Jersey wrongful death damages focus on the economic impact of the loss, though courts interpret this broadly.
3. There are eligible surviving dependents. Without dependents who suffered financial loss, there is no wrongful death claim, though the survival action may still proceed.

We build these cases with thorough investigation, financial analysis, and expert testimony regarding the deceased's life expectancy, earning capacity, and contributions to the family.

Damages in New Jersey Wrongful Death Cases

New Jersey wrongful death damages are meant to compensate the family for the financial value of the relationship they lost. Courts consider:

• The deceased's age, health, and life expectancy
• Earning capacity and employment history
• The financial support provided to dependents
• The value of household services, guidance, and care
• Funeral and burial costs

New Jersey does not allow punitive damages in wrongful death cases. However, punitive damages may be available in the companion survival action if the defendant's conduct was especially egregious.

Statute of Limitations

The statute of limitations for wrongful death claims in New Jersey is two years from the date of death under N.J.S.A. 2A:31-3. This is the date of death, not the date of the incident that caused the death.

For survival actions, the two-year period runs from the date of death as well.

Missing this deadline means losing your family's right to compensation. We urge you to speak with an attorney as soon as possible.

Call Papa Alpha & Alpha Law Today

If your family lost a loved one due to negligence in New Jersey, you deserve answers and accountability. Papa Alpha & Alpha Law handles wrongful death cases with the thoroughness and respect your family deserves.

Call (201) 555-0100 to schedule your free consultation. We serve families in Springfield, Union County, and throughout New Jersey. You pay no fees unless we recover compensation for your family.