A wrongful-death case will not bring your loved one back. It is the legal process for what should not have happened.

Every wrongful-death consultation we have begins the same way. A family member dials the firm number. There is a long pause before they speak. They apologize for crying. They explain that someone called them three weeks ago — or three months ago, or last week — about a "case they might have." They were not sure whether to call. They are not sure how this works. They are very sure they do not want this to be the conversation they are having.

We will not lecture you about how a lawsuit works. The case is not the thing that matters; the loss is. The case is what we handle so that the family can focus on the other things — the funeral, the children, the parents, the financial reorganization, the emotional aftermath that arrives in waves for years. The consultation is confidential and unhurried. We will tell you whether the law actually provides a remedy, what the realistic damages framework looks like, and what the procedural posture should be — including whether to engage with the carrier's adjuster yet, or not.

The Wrongful Death Act — N.J.S.A. 2A:31-1.

Wrongful death is a statutory cause of action; it did not exist at common law. New Jersey's Wrongful Death Act, N.J.S.A. 2A:31-1source et seq., creates the right to recover where someone's negligence, recklessness, or intentional act caused the death of another person. The case is brought by the personal representative of the decedent's estate — typically the executor named in the will, or an administrator appointed by the Surrogate's Court if there is no will — on behalf of the statutory beneficiaries.

The statutory beneficiaries are the persons who would inherit from the decedent under New Jersey's intestacy statute, N.J.S.A. 3B:5-3source: typically the surviving spouse and children; if none, parents; if none, siblings, in the order set by the statute. Notably, the statutory beneficiaries are defined by intestacy, regardless of what the decedent's will provides. A will that disinherits a spouse does not eliminate the spouse's wrongful-death claim.

The Survival Act — N.J.S.A. 2A:15-3.

The Wrongful Death Act runs alongside, but is distinct from, the Survival Act, N.J.S.A. 2A:15-3source. The Survival Act preserves the decedent's own claim for damages they would have been entitled to had they survived — including the pain and suffering experienced between injury and death, lost wages during that period, and medical expenses incurred. The Survival Act claim is brought by the personal representative and proceeds to the estate (which then distributes to the will's beneficiaries, or under intestacy if there is no will). The two claims are typically filed together in a single action but produce distinct recoveries with distinct beneficiaries.

Practical example. A worker is struck by a falling load, survives for several days in the ICU, and then dies from the injuries. The Wrongful Death Act claim addresses pecuniary losses to the statutory beneficiaries, such as financial support, services, and guidance. The Survival Act claim addresses the decedent's own claim for the period between injury and death, such as conscious pain and suffering, lost wages during that period, and medical expenses. Both claims are commonly prosecuted together. Allocation, lien, and tax issues should be evaluated before settlement papers are signed.

Damages — what New Jersey law allows, and what it doesn't.

Under N.J.S.A. 2A:31-5source, wrongful-death damages are limited to pecuniary losses. New Jersey, unlike some other states, does not permit recovery for grief, sorrow, or emotional anguish in a wrongful-death case. The losses are real, but they are not legally compensable.

Pecuniary damages include:

• Loss of financial support. The income the decedent would have earned and contributed to family support over their expected lifetime, reduced to present value.
• Loss of services. Household maintenance, childcare, eldercare, transportation, and other services the decedent would have provided.
• Loss of guidance and counsel. The advice, instruction, and parental example a parent would have provided to minor children — recognized as a distinct category of pecuniary loss in Green v. Bittner, 85 N.J. 1 (1980)source.
• Loss of consortium and companionship. The intangible but pecuniary value of spousal companionship and shared domestic life.
• Funeral and burial expenses. Reasonable expenses paid by the estate or family.

Damages are typically established through expert testimony — vocational economists who project lifetime earnings, life-care planners where ongoing services were being provided, and family witnesses who establish the decedent's role within the household. The decedent's character, work ethic, and family contributions become central evidence at the damages phase. Wrongful-death trials in New Jersey are unusually evidence-heavy on what the decedent was, in human terms, because every pecuniary calculation flows from that foundation.

Allocation among statutory beneficiaries — the Friendly Conference.

Wrongful-death proceeds are not automatically divided according to intestacy shares. They are allocated according to each statutory beneficiary's actual pecuniary loss from the death. A surviving spouse who was financially independent of the decedent may have a different claim from surviving minor children who depended on the decedent's support. An adult child who was financially independent may receive a smaller allocation, or none, depending on the evidence.

Allocation may be addressed through a Friendly Conference in the Probate Part of Superior Court where the beneficiaries agree, or through a contested allocation hearing where they do not. The personal representative has a fiduciary duty to all beneficiaries and cannot favor one over another; counsel for the estate represents the estate, not any individual beneficiary. Where minor children are beneficiaries, the court may require a structured settlement, restricted account, trust arrangement, or guardian ad litem review.

The deadline — two years from date of death.

Under N.J.S.A. 2A:31-3source, the wrongful-death claim generally must be filed within two years of the date of death, subject to the statute's exceptions. The clock usually runs from death, not from the date of the negligent act.

Survival Act claims, by contrast, are usually analyzed under the personal-injury statute of limitations, often two years from the date of injury under N.J.S.A. 2A:14-2source. Where injury and death are separated by significant time, the survival claim may require separate limitation analysis. Where the defendant is a public entity, the Tort Claims Act notice provisions under N.J.S.A. 59:8-8source may create a much shorter notice deadline.

Wrongful-death cases by underlying cause.

A wrongful-death claim can arise from any negligent or wrongful act. The cases we handle most frequently:

• Motor-vehicle accident fatalities. Auto, truck, motorcycle, and pedestrian-vehicle collisions where the decedent's injuries proved fatal. See our car-accident, truck-accident, motorcycle-accident, and pedestrian-accident pages for the underlying liability frameworks.
• Premises-liability deaths. Falls from heights, drowning in inadequately secured pools, assaults on premises with inadequate security. See our slip-and-fall page for the underlying premises-liability framework.
• Product-liability deaths. Defective vehicle components (airbags, seatbelts, tires), defective consumer products. Governed by the Products Liability Act, N.J.S.A. 2A:58C-1source et seq.
• Workplace fatalities. A workers'-compensation death-benefit claim runs alongside any third-party wrongful-death claim against a non-employer defendant. See our workers' compensation page.
• Nursing-home wrongful-death claims involving non-medical neglect. Pressure-ulcer-related deaths attributable to inadequate turning protocols, fall-related deaths attributable to inadequate fall-risk assessment, abuse-related deaths, deaths attributable to inadequate staffing under N.J.S.A. 30:13-1source et seq. (See scope note below.)

How fees work in wrongful-death cases.

Wrongful-death cases are contingency-fee work under N.J. Court Rule 1:21-7source. The estate engages the firm; the attorney fee is paid from a recovery if one is obtained, under the written contingency-fee agreement. The contingency-fee cap is tiered under R. 1:21-7: 33⅓% on the first $750,000, 30% on the next $750,000, 25% on the next $750,000, 20% on the next $1,000,000, and reasonable fees on the balance. The fee is typically approved by the Probate Part at the Friendly Conference along with allocation.

What to do if you have lost a loved one.

Contact counsel as soon as you can, even if the estate is not open and the records are incomplete. There is no need to speak with the at-fault party's insurer first.

1. Let counsel handle early carrier contact.

Most carriers' first contact with a bereaved family is far too early. There is usually no legal benefit to engaging with the at-fault party's insurer before counsel has reviewed the posture. Decline politely and call us; we can help you respond in writing if one is needed.

2. Open the estate, if there isn't already one.

A wrongful-death claim usually cannot proceed until a personal representative is appointed. The Surrogate's Court of the county where the decedent resided handles letters testamentary where there is a will or letters of administration where there is not. Counsel can help identify who should apply and what papers are needed.

3. Preserve everything.

The vehicle (do not have it repaired or scrapped). The cell phone. The clothing the decedent was wearing. Medical records. Toxicology reports if available. Death certificate. Autopsy report when issued. The investigator's police report and any supplemental reports. The accident scene if relevant (photographs, surveillance from adjacent businesses).

4. Document the decedent's role within the family.

Tax returns (last five years), pay stubs, bank statements, the decedent's life-insurance policies. Photographs of the decedent with the children. Letters, journals, anything that documents the decedent's role in family life. The damages phase of a wrongful-death case depends on what the decedent meant, in tangible terms, to those they left behind.

5. Contact us as soon as you can.

You do not need to have every document before calling. The consultation request is confidential and can be handled at our office, by phone, or by video. We will explain the legal framework, identify the first procedural moves, and discuss what information is still needed before any claim is filed or settlement is considered.

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