Atlantic City Wrongful Death Lawyer

Wrongful Death Recoveries

Hundreds of Millions of Dollars Have Been Recovered for Personal Injury and Wrongful Death Victims

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What Do Atlantic City Families Need to Know About a Wrongful Death Claim?

Losing a loved one is a pain unlike any other. The world just stops. But when that loss happens in a place like Atlantic City—a city that never sleeps—because of someone else’s carelessness, the pain is mixed with confusion and anger. You’re left wondering how this could happen and what to do next.

Here at The Killino Firm, our team has spent decades helping families find answers in the wake of a tragedy. We know this isn’t about money; it’s about justice. It’s about holding the person or company that caused this accountable. We are here to listen and to help you understand your rights.

For a complete, authoritative overview of the New Jersey Wrongful Death Statute, the rules on damages, and who is eligible to file a claim, our  New Jersey wrongful death information guide is an essential resource. 

This is a guide for families in Camden, NJ. For a complete overview of the state’s laws, our main New Jersey wrongful death information guide is a great resource. You can find it here: https://www.killinofirm.com/wrongful-death-lawyer/new-jersey

Comprehensive Pennsylvania Wrongful Death Guide

What Makes Wrongful Death Claims in Atlantic City Different?

Atlantic City is not like any other city in New Jersey. The constant flow of millions of visitors, the 24/7 casino culture, and the major highways that feed the city all create a unique set of risks. Our team has seen how these factors can lead to terrible, preventable tragedies.

Wrongful Death Lawyer Atlantic City: Casino and Hotel Negligence

The casino-hotels are the heart of Atlantic City. They have a very high legal duty to keep their property safe for guests and workers. Workplace accidents involving hotel or casino staff can result in wrongful death claims when safety protocols are not followed. When they cut corners, the results can be fatal.

  • Negligent Security: This is a major issue. Hotels and casinos are supposed to have proper lighting, working locks, security cameras, and enough staff to protect guests. If your loved one was the victim of a fatal assault in a poorly-lit parking garage or a hotel hallway where the locks were known to be broken, the property owner can be held liable.
  • Fatal Falls: A “slip and fall” is not always minor. For an older guest, a fall on a wet casino floor, a spill that wasn’t cleaned up, a broken escalator, or a torn carpet in a dark theater can cause a broken hip or a head injury. Defective products, such as malfunctioning escalators or faulty equipment, can also lead to fatal accidents in casino-hotels. Sadly, the Centers for Disease Control (CDC) reports that one out of five falls causes a serious injury like a broken bone or a head injury. For an elderly person, these injuries can often lead to a fatal decline in health. In these cases, it is necessary to prove liability by showing the property owner failed in their duty of care.

 

The Dangers on the Roads: Drunk Drivers and Bus Accidents

The roads that bring people to and from Atlantic City are some of the most dangerous in the state. Fatal car accidents are a leading cause of wrongful death claims in Atlantic City, and our firm has extensive experience handling these types of tragic cases. We are recognized for our experience in pursuing maximum compensation for accident victims and their families.

  • The Atlantic City Expressway & Garden State Parkway: In 2023, the New Jersey State Police reported 64 fatal crashes in Atlantic County. That is 64 families who had their lives torn apart. These highways are packed with tourists, commuters, and casino buses, all moving at high speed. Medical records are used to document injuries and fatalities, providing essential evidence in wrongful death claims. Construction accidents on these roads can also lead to fatal incidents and legal claims.
  • The Hidden Data on Drunk Driving: Atlantic City’s culture is built around entertainment and alcohol. This, unfortunately, leads to a higher risk of drunk driving. According to the National Highway Traffic Safety Administration (NHTSA), about 30% of all fatal crashes in the U.S. involve drunk drivers. In a tourist and nightlife-driven city, this risk is always present.
  • Casino Bus and Jitney Accidents: Atlantic City relies on buses and jitneys. When a bus driver is not properly trained or the bus company fails to maintain the brakes, a crash can be catastrophic for everyone involved. Police reports and witness statements are critical in building a strong case for victims and their families. We have experience with these complex cases. 

How Does the Legal Process Work for an Atlantic City Family?

When you are grieving, the legal system is the last thing you want to deal with. Our team’s job is to take that burden from you. Here are the simple things you need to know.

How do we know who is at fault?

Our investigation focuses on identifying the at-fault party, whether it’s a negligent driver, a bus company, or another responsible entity. We gather evidence such as police reports, medical records, and witness statements to establish liability and support your claim.

Proving Wrongful Death and Negligence

Proving wrongful death and negligence in Atlantic City, NJ, requires a careful investigation and a deep understanding of both the facts and the law. In New Jersey, a wrongful death claim can be brought by the personal representative of the deceased person’s estate on behalf of surviving family members. To succeed, your legal team must show that someone else’s negligence directly caused your loved one’s death.

This process starts by establishing that the at-fault party—whether a casino, hotel, driver, or healthcare provider—owed a duty of care to the deceased person. For example, property owners must keep their premises safe, and doctors must provide care that meets accepted medical standards. If this duty is breached, and that breach leads to a fatal accident, the responsible party can be held liable through a wrongful death action.

Gathering strong evidence is essential. This may include police reports, medical records, witness statements, and even surveillance footage. In cases of medical malpractice, expert testimony is often needed to prove that a healthcare provider’s actions fell below the standard of care, resulting in serious injuries or death. For motor vehicle accidents or incidents in casinos and hotels, your wrongful death attorney will work to prove liability by showing exactly how the accident occurred and who was at fault.

Our compassionate wrongful death attorneys will guide grieving families through every step, from collecting medical bills and funeral costs to documenting non-economic damages like loss of companionship and parental guidance. The legal team’s goal is to recover compensation for all financial losses, including lost income, medical expenses, and burial expenses, as well as to seek fair compensation for the emotional pain caused by the tragic loss.

Time is critical. Evidence can disappear quickly, especially in busy Atlantic City venues where security footage may be erased within days. Acting fast ensures your legal team can preserve crucial proof and build the strongest possible case. With aggressive representation and compassionate client care,  our experienced wrongful death lawyers can help families in Atlantic City, NJ, hold the at-fault party accountable and pursue maximum compensation.

If your family is facing the sudden loss of a loved one due to someone else’s negligence, you do not have to navigate this process alone. The Killino Firm offers a free consultation to help you understand your rights and options. Our law firm is dedicated to helping grieving families recover compensation and find a path forward after an unexpected death.

The Unforgiving Deadlines: New Jersey's 2-Year Rule vs. The 90-Day Rule

The General Rule: Two Years to File Lawsuit 

The Statute of Limitations is the primary, unforgiving rule in New Jersey wrongful death law. You generally have only two years from the date of your loved one’s death to file a lawsuit under state law. If you miss this deadline, your right to seek justice and compensation is lost forever, regardless of how strong your evidence is.

 

The 90-Day Trap Against Government Agencies 

If the fatality was caused by a public entity or government agency (such as a state hospital, a county road department, a municipal police force, or NJ Transit), the law becomes drastically stricter under the New Jersey Tort Claims Act.

You do not get the full two years to start. Instead, you must first file a formal Notice of Claim with the responsible public entity within just 90 days of the death. Missing this extremely short 90-day window can be an absolute and permanent bar to recovery against the government. If your case involves any public employee or agency, contacting an attorney immediately is the single most important step you can take.

 You can learn more about this law on our main New Jersey wrongful death guide.

Who Files the Lawsuit? (The "Personal Representative")

In New Jersey, a spouse or child cannot just file a lawsuit. The wrongful death lawsuit must be filed on behalf of the deceased person’s estate. The case must be filed by the “Personal Representative” of the deceased person’s estate. This is the “executor” named in a will. If there is no will, our team can help you go to the Atlantic County Surrogate’s Court (located in Mays Landing) to have a family member appointed as the “administrator.” The victim’s spouse and surviving family members are typically the beneficiaries of any compensation awarded in a wrongful death claim. Compensation from a wrongful death claim is not part of the victim’s estate, and the heirs are awarded compensation directly.

The lawsuit is filed by the personal representative of the estate, but the deceased person’s estate may also bring a survival action to recover damages for personal injuries the victim could have claimed if they had survived, which is similar to a personal injury claim.

What Can a Claim Recover?

No lawsuit can bring your loved one back. We know that. The goal of a wrongful death claim is to seek compensation and recover damages caused by someone else’s negligence for the family left behind. The law calls this “pecuniary loss.” Pecuniary loss includes not only the financial support your loved one would have provided, but also covers medical expenses, funeral costs, and other financial losses resulting from their passing. The emotional and financial impact of a loved one’s death can be overwhelming for surviving family members, making legal and compassionate support essential. Compensation can also include the value of household services and other chores the deceased performed, especially if they were the primary caregiver. In addition to economic damages, families may be entitled to non-economic damages, such as loss of companionship, emotional pain, and the loss of parental guidance for children. The compensation secured through a wrongful death claim in New Jersey is typically distributed to the victim’s spouse and children. In cases involving egregious or reckless misconduct, it may be possible to seek punitive damages to hold wrongdoers accountable. The purpose of taking legal action is to seek fair compensation and secure full financial compensation for your family’s losses, often with the help of compassionate wrongful death attorneys who provide support and guidance during this difficult time. This is a complex part of the law, which our New Jersey Guide explains in detail.

Our team handles wrongful death cases on a contingency fee. That means we cover all the costs, and we only get paid if we win your case. This contingency basis ensures that families pay nothing unless compensation is recovered, making legal representation accessible and risk-free. Most wrongful death attorneys work on a contingency basis, meaning clients pay no upfront fees, and they only collect a fee if they win the case. In cases of workplace fatalities, workers’ compensation benefits may also be available to survivors, and wrongful death claims can sometimes overlap with workers’ compensation claims when third-party negligence is involved.

Wrongful death lawsuits are civil actions for monetary compensation and are separate from any criminal prosecution that may be brought by the state. These lawsuits are meant to compensate the family, while criminal prosecution focuses on punishing the wrongdoer.

Key Takeaways for Atlantic City Families

  • The Clock is Ticking: You must file a claim within two years of the date of passing.  If the death was caused by a government agency or public entity (such as a state hospital, a county road department, or a municipal police force), the law is much stricter.
  • Evidence is Lost Quickly: In a casino or hotel, security video is often erased every 7, 14, or 30 days. It is critical to have a lawyer send a “preservation letter” immediately to save this evidence.
  • Property Owners are Responsible: Casinos, hotels, and stores have a high legal duty to keep their property safe.
  • You Need a Representative: A lawsuit must be filed by the court-appointed “Personal Representative.”
  • You Pay Nothing Upfront: Our team handles wrongful death cases on a contingency fee. That means we cover all the costs, and we only get paid if we win your case.

Finding the Best Support for Your Family in Atlantic County

You don’t have to go through this alone. Here are some of the key medical and emotional support centers in the Atlantic City area.

Major Trauma Center for Atlantic City

  • AtlantiCare Regional Medical Center (ARMC): The City Campus of ARMC is the region’s designated Level II Trauma Center. This is where the most critically injured patients in and around Atlantic City are taken for life-saving care.

Grief Support Resources

7 Common Questions We Hear from Atlantic City Families

Answer: Not necessarily. While the cases are usually filed in New Jersey,  in some circumstances cases can be filed in Federal Court or other jurisdictions.

No, that is not true. If the casino knew (or should have known) that the parking garage was dangerous—meaning there were prior crimes, poor lighting, or broken security cameras—they have a legal duty to fix it and warn guests. They can absolutely be held responsible for “negligent security.”

In a bus crash case, there are many possibilities. It could be the bus driver, the trucking company that hit the bus, the bus company for failing to maintain the vehicle, or even the state for a badly designed road.  We investigate them all.  More information on Bus Accidents here:  https://www.killinofirm.com/practice-areas/bus-accidents

You should not accept or sign anything from a casino or its insurance company without speaking to a lawyer. They often make these small, quick offers to stop you from finding out what your case is truly worth. It is a trap.

This is what the casino’s lawyers will focus on. This is called “comparative negligence.” However, even if a person was drinking, it does not give the casino the right to have a dangerous, broken, or wet floor. Our job is to prove that the dangerous condition was the main cause of the fall, not the drinking.

It costs nothing up front. Our team at The Killino Firm works on a contingency fee. We pay for all the costs of the investigation and the case. We only receive a fee if we win a financial recovery for your family. The consultation is always free.

Right away. In Atlantic City, the most important evidence is the security camera video. Many casinos delete their video footage after just 7 or 14 days. You can have a lawyer send a legal “spoliation letter” (a demand to preserve evidence) immediately, or the proof of what happened could be gone forever.

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