Experienced Wrongful Death Lawyer in New Jersey

Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can endure. When a death is caused by another party’s wrongful act, neglect, or default in New Jersey, surviving family members have the right to pursue a wrongful death claim to seek justice and financial compensation. Attorney Michael Siddons provides compassionate yet aggressive representation for families who have lost loved ones in New Jersey. We understand that no amount of money can replace your loved one, but we believe in holding negligent parties accountable and securing the financial stability your family needs to move forward.

New Jersey Wrongful Death Laws

New Jersey’s Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.) allows the personal representative of the deceased’s estate to file a wrongful death lawsuit on behalf of the surviving dependents. In New Jersey, only a court-appointed administrator can bring a wrongful death action — individual family members cannot file on their own. The statute of limitations is two years from the date of death (not the date of the incident that caused the death). New Jersey also recognizes a separate survivorship action under the Survivor’s Act (N.J.S.A. 2A:15-3), which allows the estate to recover damages the deceased person suffered between the time of injury and death, including pain and suffering. These two claims are typically filed together to maximize the family’s total recovery.

Types of Wrongful Death Cases We Handle

Our firm handles wrongful death cases arising from all types of negligence in New Jersey including car, truck, and motorcycle accidents, medical malpractice, workplace accidents, construction site accidents, defective products, premises liability (slip and fall, negligent security), nursing home abuse and neglect, pedestrian and bicycle accidents, and drowning and swimming pool accidents. We investigate every potential source of liability to ensure your family receives maximum compensation.

Compensation Available in New Jersey Wrongful Death Cases

In a New Jersey wrongful death action, the surviving dependents may recover compensation for the deceased’s lost financial support (including future earnings), loss of parental guidance and care, loss of companionship and consortium, funeral and burial expenses, and medical expenses incurred before death. Under the separate Survivor’s Act claim, the estate may recover the deceased’s pain and suffering between injury and death, lost wages during that period, and medical bills. New Jersey does not cap wrongful death damages, and punitive damages may be available in cases involving particularly egregious conduct.

Frequently Asked Questions

Who can file a wrongful death lawsuit in New Jersey?

In New Jersey, only the personal representative (administrator) of the deceased person’s estate can file a wrongful death lawsuit. This person is appointed by the Surrogate Court. The claim is brought on behalf of the deceased’s surviving dependents — typically a spouse, children, or parents. Attorney Siddons can help navigate the estate administration process.

What is the statute of limitations for wrongful death in NJ?

The statute of limitations is two years from the date of death. This is a strict deadline — if you miss it, your family loses the right to pursue a claim. Contact an attorney as soon as possible.

What is the difference between a wrongful death claim and a survivorship claim?

A wrongful death claim compensates the surviving family members for their losses (lost income, companionship, etc.). A survivorship claim compensates the estate for the deceased’s own losses between injury and death (pain and suffering, medical bills). Both are typically filed together to maximize recovery.

Can I file a wrongful death claim if my loved one was partially at fault?

Yes, but New Jersey’s modified comparative negligence rule applies. If the deceased was less than 51% at fault, the family can still recover — though the award is reduced by the deceased’s percentage of fault. If the deceased was 51% or more at fault, recovery is barred.

How long do wrongful death cases take to resolve?

Every case is different. Some settle within months through negotiation, while complex cases involving multiple defendants or disputed liability may take one to three years or longer if they go to trial. Attorney Siddons works efficiently while never rushing to accept an inadequate settlement.