New Jersey Wrongful Death Lawyers

Wrongful Death Recoveries

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

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What Are a Family's Rights in a New Jersey Wrongful Death Case?

This is the page that no one should ever have to find.

If you are reading this, it likely means the unimaginable has happened. Your family is facing a sudden, devastating, and preventable loss. A loved one is gone, not from natural causes, but because of someone’s carelessness or intentional act.

And you are left with a storm of grief, anger, and a million agonizing questions. “How could this happen?” “Why did this happen?” “What do we do now?”

The team at The Killino Firm has been standing with families in exactly your position. We have dedicated our entire careers to fighting for families who have experienced the profound injustice of a wrongful death.

We understand what you are going through. We also understand that the legal road ahead can feel overwhelming.

You are not just grieving. You are suddenly facing hospital administrators, aggressive insurance adjusters, and a complex legal system, all while just trying to get through the day.

We want to be your guide and your shield.

We believe in clear communication. Our firm provides a plain-English guide to help you understand your rights in New Jersey, completely free of complicated legal jargon. We are here to answer your questions, take the legal burden off your shoulders, and, when you are ready, fight for the justice your loved one deserves.

New Jersey Wrongful Death Lawyer: A Statewide Commitment to Fighting for Families

When you are grieving, you should not have to worry about finding an experienced lawyer “near me.” The Killino Firm is a national firm with a deep commitment to New Jersey. We have the resources and the reach to represent families in every county, from the largest cities to the smallest towns.

Our mission is to hold negligent parties accountable, no matter where the tragedy occurred. We are prepared to investigate complex wrongful death cases across the entire state, including communities in:

North Jersey (NYC Metropolitan Area):

Central Jersey (Middlesex & Ocean Counties):

South Jersey (Delaware Valley):

The Jersey Shore:

No matter which hospital, highway, or worksite was the scene of the tragedy, our team is ready to be your advocate and fight for the justice your family deserves.

Key Takeaways: What You Need to Know Right Now

  • You Are Not Alone. This is a silent epidemic. A landmark study from Johns Hopkins found that medical errors alone are the third-leading cause of death in the United States. These are not “accidents”; they are failures.
  • The Clock is Ticking. This is URGENT. In New Jersey, you have a two (2) year “Statute of Limitations” from the date of your loved one’s death to file a lawsuit. If you miss this deadline, your right to justice could be gone. Forever.  The strict legal framework of the New Jersey Tort Claims Act governs cases where a public entity, such as NJ Transit, is responsible for a fatality, making the law considerably stricter.
  • Only ONE Person Can File the Lawsuit. This is a critical rule in New Jersey. The case cannot be filed by a spouse or child. It must be filed by the “Personal Representative” of the deceased person’s estate (the Executor or Administrator). The Personal Representative, also known as the deceased person’s personal representative, is the legal representative of the estate and acts on its behalf in pursuing the wrongful death claim.
  • “Fault” Matters. New Jersey is a “Modified Comparative Fault” state. This means the insurance company will try to prove your loved one was “more than 50%” at fault. This is their #1 defense, and our #1 job is to fight it.
  • You Can Recover More Than Just Bills. A claim is not just for medical bills. We fight for two separate claims: the “Wrongful Death Action” (for the family’s financial losses and loss of companionship) and the “Survival Action” (for the pain and suffering your loved one endured before they died).
  • This is a Fight for Justice… and Your Future. We know a lawsuit cannot bring your loved one back. Nothing can. But it can provide the financial security your family needs to survive this, and it will hold the negligent party accountable so this never happens to another family. Wrongful death claims arise when a loved one dies due to someone else’s negligence.

What Is a "Wrongful Death" Case in New Jersey?

This is the first and most important question. A “wrongful death” is not just any death. It is a death of a deceased person caused by the legal “fault” of another person or company.

The New Jersey Wrongful Death Act (the law is N.J. Stat. Ann. § 2A:31-1) defines it very simply. A wrongful death is a death caused by a “wrongful act, neglect or default”—in other words, by someone else’s negligence.

The New Jersey Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.) is the essential statute that grants family members the right to pursue a lawsuit when a loved one dies due to another party’s negligence or wrongful act. This critical law establishes the procedural rules, defines who is eligible to recover compensation (the beneficiaries), and strictly limits the type of damages available to primarily financial losses.

Proving the "Failure": The Foundation of Your Wrongful Death Claim

This action is rooted in proving negligence—that the death was not a mere “accident,” but a preventable failure by another party.

Our job as your legal advocate is to meticulously prove this failure by establishing a breach of the required duty of care:

  • Vehicle Negligence: A truck driver who was texting, speeding, or driving while fatigued caused a fatal crash because they failed in their professional duty to operate a vehicle safely.
  • Medical Malpractice: A doctor who missed a clear, recognizable cancer diagnosis or made a surgical error failed in their professional duty to provide competent medical care.
  • Premises Liability: A property owner who ignored a broken stair, a dangerous spill, or inadequate security failed in their fundamental duty to keep their premises reasonably safe for others.

We focus relentlessly on proving that this specific and avoidable failure directly led to your family’s loss, thereby establishing the legal basis necessary to secure the full compensation your loved one’s estate and family deserve.

You Are Not Alone. The Shocking Statistics on Preventable Deaths.

When this happens, you feel like your family is on a lonely island of grief. We want to assure you: You are not alone. And you are not wrong to be angry.

What happened to your family is part of a silent, nationwide epidemic of preventable deaths. A groundbreaking study by Johns Hopkins Medicine shocked the country when it found that medical errors are the third-leading cause of death in the United States, killing an estimated 250,000 people every year. (Source: Johns Hopkins Medicine).

Think about that. More people die from preventable medical mistakes than from car accidents, strokes, or lung disease.

Now, look at our roads. In New Jersey alone, there were 700 traffic fatalities in 2023. (Source: NJDOT). Many of these were not “accidents” but were preventable crashes caused by drunk drivers, distracted truck drivers, or speeding. Distracted driving is a significant contributor to wrongful deaths in New Jersey, especially in accident hotspots where this behavior is prevalent.

These are not just “statistics” to us. These are families. These are the cases we’ve been fighting for decades. This is an epidemic of negligence, and our mission is to fight back by holding parties accountable for fatal accidents caused by someone else’s carelessness.

What Are the Most Common Causes of Wrongful Death?

A wrongful death claim can come from any situation where one person’s negligence causes another’s death. Often, these cases arise from a party’s negligence, and families pursue wrongful death claims to seek justice and recover compensation for their losses. At The Killino Firm, our team has deep experience across all types of wrongful death cases.

This is critical because the type of case changes the strategy. The way we prove a truck driver was negligent is completely different from how we prove a doctor was negligent.

Here are the most common causes we see.

Medical Malpractice

This is one of the most complex and heartbreaking types of cases. A patient goes to a hospital for help and dies because of a preventable mistake.

  • Misdiagnosis or Delayed Diagnosis: A doctor ignores clear symptoms and sends a patient home from the ER, only for them to die of a heart attack or stroke.
  • Surgical Errors: A surgeon operates on the wrong part of the body, leaves a tool inside the patient, or makes a fatal cut.
  • Anesthesia Errors: An anesthesiologist fails to monitor the patient’s oxygen, leading to fatal brain damage.
  • Birth Injuries: A medical team fails to act on fetal distress, leading to a fatal birth injury.
  • Our team has a dedicated and experienced medical malpractice group that knows how to find the “mistake” in the medical charts

 

Car and Truck Accidents

These are the most common and public cases. We see them on the New Jersey Turnpike, the Garden State Parkway, and I-80 every day.

  • Car Accidents: A drunk driver, a distracted driver (texting), or a driver who runs a red light.
  • Truck Accidents: These are not just “big car accidents.” They are complex cases against massive corporations. We often find the driver was forced to speed to meet a deadline, or the company failed to maintain the truck’s brakes.
  • Motorcycle accidents and pedestrian accidents are also frequent causes of wrongful death, often resulting from reckless driving. Establishing negligence in these cases is critical to securing compensation for surviving family members.

 

Defective Products (Product Liability)

This is when a product fails, and that failure is fatal.

  • A Defective Auto Part: A tire that “de-treads” on the highway, a faulty airbag that explodes, or a seatbelt that fails.
  • A Defective Medical Device: A faulty pain pump or a flawed hip implant that leads to a fatal infection.
  • A Dangerous Drug: A prescription drug that was rushed to market without proper warnings about fatal side effects.
  • You can learn more about how we fight these corporations on our defective products lawyer page.

 

Premises Liability (Falls and Negligent Security)

This is when a property owner fails in their duty to keep their property safe.

  • Fatal “Slip and Fall”: Fall accidents are a leading cause of premises liability wrongful death claims. A simple “slip” on a wet floor in a grocery store or a fall down a broken apartment stair can lead to a broken hip, which, sadly, can lead to a fatal decline in health, especially for the elderly.
  • Negligent Security: An apartment building owner in Newark knows the locks on the front door are broken. A criminal gets in, and a resident is killed. The owner can be held responsible for that failure.

 

Workplace & Construction Accidents

This is a very complex area of law. You usually cannot sue your own boss (that’s a Workers’ Comp claim). But you can file a “third-party” wrongful death claim if your loved one was killed by the negligence of another company on the job site.

  • Example: Your loved one is an electrician. He is killed when a different company’s crane operator, who was not paying attention, drops a load on him. We would file a wrongful death claim against that crane company.

The Most Important Question: Who Can File a Lawsuit in New Jersey?

This is the most important legal hurdle you will face. When a loved one dies, the family is in shock. A spouse may think they can just call a lawyer and file a case.

In New Jersey, you cannot. The law is very specific. The lawsuit must be filed by the deceased person’s personal representative, who acts on behalf of the deceased person’s estate.

  • If your loved one HAD a Will: The Will names this person. They are called the “Executor.” The Executor serves as the deceased person’s personal representative for the estate.
  • If your loved one did NOT have a Will: The law (N.J.S.A. 2A:31-2) says the court must appoint an “Administrator.” This is usually the surviving spouse, an adult child, or a parent. The Administrator becomes the deceased person’s personal representative for the estate.

This person (the Executor or Administrator) is the “manager” of the lawsuit. They are filing the case on behalf of the deceased person’s estate and all the surviving family members (the “heirs”).

This is a critical first step. Our team handles this for our clients all the time. We will go to the New Jersey Surrogate’s Court with you to get the estate “opened” and the Personal Representative appointed, so we can get your case filed and protect your family

Two Critical Deadlines: Navigating the 2-Year and 90-Day Rules in NJ Wrongful Death Law

New Jersey law imposes two distinct and unforgiving deadlines that control your ability to file a wrongful death claim. Missing either one means losing your rights forever.

The General Rule: Two Years to File Lawsuit 

You generally have only two years from the date of your loved one’s death to file a lawsuit under the New Jersey Statute of Limitations. This deadline applies when the responsible party is a private individual or company. If you miss this two-year window, your right to seek justice and compensation is lost, regardless of how strong your evidence is.

The Critical Rule: The 90-Day Rule Against Public Entities

If the fatality was caused by a public entity or government agency (such as a state hospital, a municipal police force, a county road department, or NJ Transit), the law is 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.

A Note on New Jersey's "Modified Comparative Fault" Rule (The 51% Rule)

This is a legal rule that the insurance companies love to use. In many states, if you are any percent at fault, you get nothing. In others, you can be 99% at fault and still get 1% of your money. New Jersey has a “Modified” rule.

It is also called the “51% Bar.” It means:

  1. If your loved one was partially at fault for the accident, your family can still recover money.
  2. The jury will “assign” a percentage of fault (e.g., your loved one was 20% at fault, the other driver was 80% at fault).
  3. Your final award will be reduced by your loved one’s percentage of fault. (In that example, you would get 80% of the money).

BUT… here is the deadly trap: If the jury decides your loved one was 51% or more at fault, you are barred from recovery. You get ZERO.

This is the entire strategy of the defense. Their only goal is to push that “blame” number from 49% to 51%. They will try to prove your loved one was “speeding,” “not paying attention,” or “should have known the risks.”

Our job is to fight this. We use accident reconstructionists, engineers, and medical experts to prove the other party was 100% at fault. In wrongful death claims, the plaintiff must prove the defendant’s negligence was the direct cause of the death in order to establish liability and recover damages.

What is Your Case Worth? Understanding "Damages" in a New Jersey Claim

This is a question every family has. And it’s not about being “greedy.” It is about survival. Your loved one is gone. Their income is gone. Their help is gone. Their guidance is gone. But the bills are not gone.

A lawsuit cannot bring your loved one back. We wish it could. What a lawsuit can do is provide financial justice. It can give your family the money you need to survive this loss and have a secure future. The monetary value of a wrongful death case is determined by the financial losses suffered, such as the loss of support, household services, and parental guidance, and the goal is to provide financial compensation to the surviving family members for these losses.

In New Jersey, we are actually able to file two separate claims at the same time.

Claim 1: The “Wrongful Death Act” (For the Family’s Loss)

This part of the lawsuit is for the damages the family has suffered. In a Jersey wrongful death claim, the law (N.J.S.A. 2A:31-5) says this is for “pecuniary” (financial) losses suffered by those who were financially dependent on the deceased. This includes:

  • Loss of Financial Support: The income, salary, and benefits your loved one would have earned for the rest of their life. This is often the largest part of a claim and is available to those who were financially dependent on the decedent.
  • Loss of Services: What is the “value” of the work your loved one did? A stay-at-home parent’s “services” (childcare, cooking, cleaning) are worth hundreds of thousands of dollars.
  • Loss of Companionship, Guidance, and Society: This is a huge part of a New Jersey case. A jury can (and does) award money for the “loss of society and companionship” suffered by the deceased person’s spouse and other family members, and the “loss of guidance and counsel” a child has lost. What is the “value” of a father not being there to teach his son? What is the “value” of a mother’s guidance?
  • Funeral Expenses and Burial Costs: The full, immediate cost of the funeral.

Claim 2: The “Survival Action” (For the Victim’s Loss)

This part of the lawsuit (under N.J.S.A. 2A:15-3) is for the damages your loved one suffered before they died. Imagine your loved one was in the hospital, in conscious pain, for three weeks after a bad surgery before they passed away. A “Survival Action” allows the estate to recover money for:

  • Conscious Pain and Suffering: The terror, pain, and suffering your loved one personally endured from the moment of the mistake until their death.
  • Lost Wages: The wages they lost during that time.
  • Medical Bills: The full cost of all the “lifesaving” care that was only needed because of the mistake.

Our team knows how to build both of these claims to make sure your family gets the full measure of justice the law allows.

Benefits of Consulting with Wrongful Death Attorneys

Losing a loved one to someone else’s negligence is a devastating experience, and navigating the aftermath can feel overwhelming. Consulting with experienced wrongful death attorneys is one of the most important steps surviving family members can take to protect their rights and secure the financial compensation they deserve under New Jersey wrongful death laws.

A skilled New Jersey wrongful death lawyer does more than just file paperwork—they become your advocate, guiding you through every stage of the legal process. From the moment you reach out for a free consultation, our wrongful death attorneys will listen to your story, explain your legal options, and help you determine the best course of action for your unique situation. They are well-versed in the Jersey Wrongful Death Act and know how to build a strong wrongful death claim that holds the responsible party accountable.

One of the most significant benefits of working with our wrongful death attorneys is their ability to gather and preserve vital evidence. Whether your case involves a car accident, truck accident, motorcycle accident, medical malpractice, or a fatal fall, your attorney will investigate thoroughly to prove the defendant’s negligence. This is essential for building a compelling wrongful death lawsuit and ensuring your family receives full compensation for your loss.

Our wrongful death lawyers also provide invaluable emotional support during this difficult time. They understand the pain and confusion that comes with an unexpected death, and they are committed to helping families cope while fighting for justice. By handling the legal complexities, your attorney allows you to focus on grieving and caring for your family.

Financial compensation in wrongful death cases can cover a wide range of losses, including medical expenses, funeral costs, burial expenses, lost income, and emotional pain. Our experienced law firm will ensure that all recoverable damages are pursued, so your family is not left struggling with bills or financial uncertainty. They will also handle negotiations with insurance companies, making sure you are not pressured into accepting a low settlement and that you recover the full compensation you are entitled to.

"How Can I Find the Best Wrongful Death Lawyer Near Me?"

When you are in a crisis, you will go to Google. You will search for the “best New Jersey wrongful death lawyer near me.” You will be flooded with ads. How do you choose? It is crucial to consult with  New Jersey wrongful death attorneys and skilled attorneys who have extensive experience handling these sensitive and complex cases. Our personal injury attorneys with a focus on wrongful death are best equipped to guide you through the legal process and ensure your rights are protected.

This is not the same as hiring a lawyer for a speeding ticket.  This is one of the most complex, high-stakes, and expensive types of law.

Here is a checklist of what you must look for:

  • Do they have a focus on wrongful death and catastrophic injury?

This is not a “side” job. This is a highly complex field. You need a firm that lives and breathes this type of law. Our firm has been a national leader in Wrongful Death and Catastrophic Injury cases for decades.

  • Do they have a track record of results?

Do not be afraid to ask: “Have you won cases like this?” Our experienced firm will be able to show you our Case Results. While past results do not guarantee a future outcome, they do prove experience.

  • Do they have the Financial Resources?

As we explained, these cases are expensive. We have to hire a team of medical experts before we even file. A small firm can be bankrupted by one of these cases. We have the resources to go toe-to-toe with the biggest insurance companies in the world—and they know it.

  • Do they have a team?

You need a full team. You need lawyers, paralegals, and medical investigators. The Killino Firm is fully staffed.

  • Do they talk to you?

When you call, do you feel heard? Do they treat you with compassion? This is a long journey. You need a team you can trust, such as The Killino Firm.

Our Promise to You: We Will Be Your Shield

This is a long and hard road. You do not have to walk it alone. When you hire The Killino Firm, you are not just hiring a lawyer. You are hiring a team of people who are dedicated to taking this burden off your shoulders.

This is what we do for you:

  1. We Listen. Your first call is free. It is 100% confidential. You will tell your story, and we will listen.
  2. We Investigate. Immediately. We will immediately send legal letters to preserve all the evidence—the truck’s “black box,” the hospital’s records, the video surveillance.
  3. We Pay For Everything. We will front all the costs of the investigation. We will hire the best national experts. You pay nothing out of your pocket until we win your case.
  4. We Handle the “Nightmare” Paperwork. We will handle the entire court process of opening the estate and getting the Personal Representative appointed.
  5. We Handle the Insurance. You will never have to speak to an aggressive insurance adjuster again. You tell them, “Talk to my lawyer.”
  6. We Fight. We will build your case as if it were going to trial. We will fight for a settlement that is fair. And if the insurance company refuses to be fair, we will not hesitate to take them to court and tell your story to a New Jersey jury.

Your only job is to grieve and to take care of your family. Our job is to handle everything else.

Where Do the Most Serious Injuries Get Treated? New Jersey's Level I Trauma Centers

When a catastrophic injury happens—whether from a highway crash, a construction accident, or a terrible fall—every second matters. Your loved one’s survival often depends on the hospital they are taken to.

In New Jersey, the medical system is designed to route the most critically injured patients to a handful of highly specialized hospitals. These are the Level I Trauma Centers.

A Level I Trauma Center is not just a regular hospital. It is a state or nationally-verified hospital that has the resources, surgeons, and specialists on-site, 24-hours a day, 365 days a year to handle any type of “life or limb” emergency.

When a loved one passes away at one of these facilities, the case is often incredibly complex. The medical records are thousands of pages. The “standard of care” is high, and the hospital’s defense team is powerful.

Our firm has extensive experience investigating these complex cases. We know how to get the records. We know how to find the experts. We are not intimidated by the size or reputation of any medical institution.

New Jersey’s Designated Level I Trauma Centers Include:

(Source: American College of Surgeons and the N.J. Department of Health)

Whether your loved one was taken to one of these centers or to a regional hospital, a fatal medical error is a devastating failure. A medical malpractice case is often the only way to get the truth.

Help for Grieving Families: New Jersey Support Resources

A lawsuit is about justice and accountability. It is a critical step in providing for your family’s future. But we know it is not the only thing you are going through.

The legal battle is only one part of this journey. Your family’s emotional healing is paramount. The grief of a sudden, preventable death can be an isolating and overwhelming burden, especially after a loved one’s death.

You are not alone in this.

Our team has gathered a list of trusted, non-profit organizations in New Jersey and across the country that are dedicated to helping families just like yours after a loved one’s death. These groups provide a safe place to grieve, to connect with others who truly understand, and to find a path forward.

New Jersey Grief & Loss Support Groups

  • Imagine, A Center for Coping with Loss
    • Who they are: A New Jersey-based non-profit that provides free, year-round grief support for children, teens, and young adults who have lost a parent or sibling. They also provide support for the entire family.
    • Learn More: imaginenj.org
  • GriefShare
    • Who they are: A national, faith-based organization that hosts thousands of local support groups in communities across New Jersey. Their program provides a structured, supportive environment to navigate the grieving process.
    • Learn More: griefshare.org (You can search by your zip code for a local group).
  • The Compassionate Friends
    • Who they are: A worldwide organization specifically for families who have experienced the death of a child. They have local chapters across New Jersey that provide a space for parents, siblings, and grandparents to find support.
    • Learn More: compassionatefriends.org (They have a chapter-finder tool).
  • Mothers Against Drunk Driving (MADD) New Jersey
    • Who they are: If your loved one’s death was caused by a drunk or impaired driver, MADD offers specialized support. They provide trained victim advocates who can help you navigate the criminal justice system (which is separate from your civil case) and connect you with local support.
    • Learn More: madd.org/new-jersey/
  • 2nd Floor Youth Helpline (A Division of 1st Floor)
    • Who they are: A confidential and anonymous helpline for New Jersey’s youth. This is a critical resource for children and teens who are struggling to cope with the loss of a parent or sibling and may not be ready for a formal support group.
    • Learn More: Call or text 1-888-222-2228, or visit 2ndfloor.org.

While these wonderful groups help you and your family heal, our team at The Killino Firm will handle the fight. We will take on the burden of the investigation and the legal battle, so you can focus on what matters most: your family.

Frequently Asked Questions (FAQs)

It costs $0 upfront. Our firm, like all reputable wrongful death firms, work on a contingency fee. This means we pay for all the case expenses—hiring the experts, filing the lawsuits (which can cost tens of thousands of dollars). We only get paid a fee if we win your case, as a percentage of the money we recover. If we do not win, you owe us nothing.

No. This is a huge myth. A consent form is not a “get out of jail free card” for the doctor. You consented to the known risks of a procedure. You did not consent to negligence. You did not consent to the doctor failing to meet the standard of care.

(They had no “income”). This is a common question. The “value” of a case is not just lost income. We fight for the loss of companionship, guidance, and society. What is the “value” of a parent’s love? What is the “value” of a child’s companionship? A New Jersey jury can award a substantial amount for this loss, even if there was no “income.”

ABSOLUTELY NOT. This is a trap. They are offering you “pennies on the dollar” to make you go away. They are offering you $50,000 for a case that is worth $5,000,000. If you sign that paper, you lose your right to ever ask for more. Never sign anything without speaking to a lawyer.

A Wrongful Death claim (also called a wrongful death suit) is for the family’s loss (lost income, lost companionship). A Survival Action is for the victim’s loss (the pain and suffering they endured before they died). We almost always file both at the same time.

That is okay. You can still file. Our team will go to the New Jersey surrogate’s court with you and have the court appoint an “Administrator” (usually the spouse or adult child). This person will have the legal authority to file the claim.

We will be honest with you: these cases are not fast. Because of the aggressive defense by the hospitals and insurance companies, a case can take two to three years, or more. We will be with you every single step of the way.

The vast majority of our cases (over 95%) are settled before a full trial. We prepare every case as if it is going to trial. This is how we get the best settlement offers. But most of the time, our clients never have to step inside a courtroom.

Your first step is to just talk. Call our firm. The consultation is free, and it is 100% confidential. You can tell your story, and we can give you clear, simple answers. You do not have to be “ready” to hire a lawyer. You just have to be ready to get answers. We are here for you.

NO COST, NO OBLIGATION,
CONFIDENTIAL CONSULTATION.

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