If you have lost a loved one due to someone else’s negligence in New Jersey, understanding your legal rights is a critical first step toward justice. This guide covers New Jersey’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. New Jersey imposes no caps on wrongful death damages – including medical malpractice – making it a meaningful jurisdiction for families pursuing full compensation.
New Jersey Wrongful Death Laws
The New Jersey Wrongful Death Statute
New Jersey’s wrongful death law is governed by New Jersey Statutes § 2A:31-1. The statute requires an Administrator of the estate to file on behalf of the beneficiaries.
Who Can File
The Administrator of the estate files on behalf of the surviving spouse, children, and parents.
Statute of Limitations
New Jersey imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
New Jersey allows recovery for pecuniary loss, loss of services, loss of companionship, and funeral expenses. There are no caps on wrongful death damages in New Jersey.
Survival Action
New Jersey maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in New Jersey
1. Mazie Slater Katz & Freeman, LLC
Location: Roseland, NJ
Phone: (973) 228-9898
Website: https://mazieslater.com
An elite, heavy-hitting trial firm that routinely makes headlines for record-shattering, multi-million dollar verdicts in New Jersey including massive medical malpractice and product liability wins. Because NJ has no damage caps, their aggressive litigation style is perfectly suited for maximizing uncapped loss of services and companionship against major hospitals and corporations.
2. Stark & Stark
Location: Lawrenceville, NJ (Offices across NJ)
Phone: (800) 535-3425
Website: https://stark-stark.com
A legal giant in New Jersey with over 80 years of history. Because NJ strictly requires an Administrator to act on behalf of the specific beneficiaries, their interconnected estate planning and personal injury departments can instantly set up the required legal framework. They dominate in fatal commercial trucking, construction site, and motorcycle accidents.
3. Davis, Saperstein & Salomon, P.C.
Location: Teaneck, NJ (Serving statewide)
Phone: (800) 529-2000
Website: https://dsslaw.com
A highly formidable firm with a massive volume of successful catastrophic injury cases. They are uniquely equipped to handle the complex separate survival actions in New Jersey, utilizing medical experts to prove a deceased victim’s conscious pain and suffering right before death. They heavily focus on the total pecuniary devastation suffered by the surviving family.
Frequently Asked Questions
Are there caps on damages in New Jersey?
No. New Jersey imposes no caps on wrongful death damages, including medical malpractice wrongful death claims.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
New Jersey’s no caps framework across all wrongful death categories makes it a strong jurisdiction for plaintiffs. The firms listed above have the resources and trial experience to maximize recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.