Hundreds of Millions of Dollars Have Been Recovered for Personal Injury and Wrongful Death Victims
Losing a loved one is the hardest thing a family can go through. The world stops. When that loss happens because someone was careless or reckless, it adds a layer of pain and confusion that is just unbearable. Here at The Killino Firm, our team has spent decades sitting with families in your shoes. We understand that this isn’t just a “case”—it’s about your life, your future, and your loved one’s memory. We are here to listen and to help you understand your rights.
This is a guide for families in Newark. 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.
Newark is the heart of New Jersey. It’s a city of industry, a global transportation hub, and home to world-class medicine. But with all this activity comes very specific, and very serious, risks. Our team has seen how these local factors can lead to preventable tragedies for families across the country.
Generally speaking, wrongful death actions in New Jersey are designed to compensate the victim’s family for the unexpected death of a loved one caused by someone else’s negligence or reckless behavior. Wrongful death claims specifically arise when someone else’s negligence leads to a fatality, holding the responsible party accountable for their carelessness. Newark is a city that works. But the hard jobs at the Port of Newark-Elizabeth, in the Ironbound’s warehouses, or on construction sites come with dangers. When companies put profits ahead of people, workers get hurt.
When pursuing compensation, families may recover for financial losses and monetary damages, including lost income, medical expenses, and other costs. The victim’s death triggers the right to pursue damages, and the victim’s estate, the deceased’s estate, or the deceased person’s estate may also be entitled to certain damages awarded in a wrongful death action. Damages awarded to the estate—such as for the deceased’s pain and suffering or medical bills—are distributed through the estate, while damages for loss of support or companionship are awarded directly to the victim’s family. If family members suffered severe emotional distress, they may have a separate claim for negligent infliction of emotional distress, but it is important to note that surviving family members cannot recover damages for their own emotional distress in a wrongful death claim, except in specific circumstances such as witnessing the death. In cases involving specific intent or reckless behavior, punitive damages may be available in addition to standard compensation.
It is important to note that a wrongful death action is a civil matter focused on monetary compensation for the victim’s family, and is distinct from a criminal case, which may result in criminal penalties for the responsible party.
Our wrongful death attorneys have the experience to handle these complex cases. Our experienced team is available to help local families seek justice. Hiring an experienced wrongful death lawyer is crucial to navigate New Jersey’s specific laws and maximize compensation for your family. For a better understanding of your legal rights and the requirements to file a claim in New Jersey, contact us for a free consultation.
Losing a loved one unexpectedly is one of the most devastating experiences a family can face—especially when that loss is caused by someone else’s negligence, recklessness, or wrongful act. In New Jersey, when a death occurs because another person, company, or entity failed to exercise reasonable care, the law allows surviving family members to seek justice through a wrongful death lawsuit. This legal action is designed to hold the responsible party accountable and help the victim’s family recover compensation for their financial and emotional losses.
A wrongful death claim can arise from many types of tragic incidents, including car accidents, workplace accidents, medical malpractice, and defective products. For families in Newark and across New Jersey, these cases often bring not only emotional pain and severe emotional distress, but also a heavy financial burden—medical expenses related to the injury, funeral costs, lost wages, and the loss of future financial support.
Under New Jersey law, a wrongful death case must be filed by the personal representative of the deceased person’s estate—often the executor named in a will, or an administrator appointed by the probate court if there is no will. The claim is brought on behalf of surviving family members, such as the surviving spouse, children, or other relatives who were financially dependent on the deceased. These family members may be entitled to recover damages for medical expenses, funeral costs, lost income, and the value of the guidance and companionship the victim provided.
In addition to these compensatory damages, New Jersey law sometimes allows for punitive damages in cases where the responsible party’s conduct was especially reckless or intentional. These damages are meant to punish egregious behavior and deter similar actions in the future. Punitive damages may be awarded in wrongful death cases if the defendant’s actions were particularly egregious or reckless, serving as a strong deterrent against similar conduct.
It’s important to know that New Jersey has a strict two-year statute of limitations for filing a wrongful death claim. If you do not file within two years of your loved one’s death, you may lose your right to seek compensation forever. When dealing with a death caused by a government agency—be it a municipal police force or NJ Transit—the New Jersey Tort Claims Act enforces a much more severe legal standard.That’s why it’s crucial to consult with our experienced wrongful death attorneys as soon as possible. A skilled wrongful death lawyer can guide you through the legal process, gather the evidence needed to prove negligence, and fight to recover the full compensation your family deserves.
At The Killino Firm, our attorneys have decades of experience representing families throughout the country in complex wrongful death cases. We understand the emotional and financial challenges you are facing, and we are committed to providing compassionate, effective legal support. Our law firm offers free consultations and works on a contingency basis, so you pay nothing unless we recover damages for your family.
If you have lost a loved one due to someone else’s negligence or wrongful act, don’t wait. Contact our team of experienced wrongful death attorneys today to learn your rights and take the first step toward justice and financial recovery.
We all know how busy the roads are here. The New Jersey Turnpike, the Garden State Parkway, I-78, I-280, and Route 21 (McCarter Highway) are some of the most heavily trafficked roads in the entire country. The unexpected death of a loved one in a car or truck accident brings devastating emotional and financial consequences for families, who are often left seeking answers and justice.
Newark is home to some of the best hospitals in the state. We go to them expecting the best care. But doctors and nurses are human, and the systems they work for can fail.
When you go to a hospital for help, and a preventable error leads to a death, it is a profound betrayal. The deceased victim in these cases is the person whose life was lost due to the medical error. Family members who witness such a tragic event may also have a claim for negligent infliction of emotional distress, depending on the circumstances. Our team knows how to read the charts and find the truth, as we’ve done in many medical malpractice cases.
The legal system can be confusing, especially when you are grieving. Our team’s job is to handle all of it, so you can focus on your family. Here are the simple things you need to know. If the deceased victim had survived the medical error, they could have filed a personal injury claim to recover damages for their injuries, medical expenses, and suffering. In wrongful death cases, the claim is brought on behalf of the deceased victim’s estate and surviving family members.
You 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 is unforgiving: miss it, and your right to seek justice and compensation is lost forever, regardless of how strong your evidence is.
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. 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.
In New Jersey, a spouse or child cannot just file a lawsuit. The case must be filed by the “Personal Representative” of the estate. This means the lawsuit is brought on behalf of the deceased person’s estate, and compensation may go to the deceased’s estate or directly to beneficiaries, depending on the circumstances. This is the “executor” named in a will. If there is no will, our team can help you go to the Essex County Surrogate’s Court (in Newark) to have a family member appointed as the “administrator.” Certain damages, such as those from a survival action, are awarded to the victim’s estate and become part of the deceased’s estate for distribution. Our main New Jersey Wrongful Death Guide explains this law in more detail.
We know no lawsuit can bring your loved one back. The goal is to get justice and financial support for the family left behind. The law calls this “pecuniary loss.” It covers the financial support your loved one would have provided, as well as the value of their guidance and companionship. Calculating damages in a wrongful death case can also include reasonable funeral and burial expenses, medical bills incurred before death, and the loss of the deceased’s past and future financial support. In a wrongful death lawsuit, damages awarded can include monetary compensation for financial losses such as lost income, funeral expenses, and loss of services, as well as monetary damages for emotional and economic harm suffered by the family. It is different from a “Survival Action,” which is a separate claim from the wrongful death claim and is explained in full in our main New Jersey wrongful death guide.
Key Takeaways for Newark Families
If you only remember a few things from this page, let it be these:
Losing a loved one due to someone else’s negligence is a life-altering tragedy, leaving surviving family members overwhelmed by grief, emotional pain, and the sudden burden of financial and legal decisions. In these moments, working with a dedicated wrongful death law firm in Newark can make all the difference in your family’s journey toward justice and recovery.
Our experienced wrongful death lawyers understand not only the complexities of New Jersey wrongful death law, but also the emotional challenges families face after an unexpected death. By partnering with a law firm that focuses on wrongful death claims, you gain a trusted advocate who will guide you through every step of the legal process, ensuring your rights are protected and your voice is heard.
Choosing the right wrongful death lawyer in Newark means having a dedicated advocate by your side—someone who understands the law, the stakes, and the emotional toll of your loss. With the support of an experienced wrongful death attorney, your family can focus on healing while your legal team works tirelessly to secure the compensation and justice you deserve. If you are facing the aftermath of a wrongful death, reach out to The Killino for a free consultation and a better understanding of your options.
After a catastrophic injury or loss, families need support. Here are some of the key hospitals in the Newark area that handle trauma, as well as resources for grief support.
Yes. Your loved one’s employer is not your family’s lawyer. You may have a very large “third-party” claim against another company, and the employer’s interests may be different from yours. You need an independent team on your side to investigate.
This is a heartbreaking situation. Yes, you may still have options. We would first investigate to see if any traffic or business cameras can identify the driver. If not, we would look at your family member’s own auto insurance policy. Most NJ policies include “Uninsured Motorist” (UM) coverage, which can be used to file a claim when the at-fault driver is unknown.
New Jersey follows a “modified comparative negligence” rule. This means that even if your loved one was partially to blame, the family can still recover damages, as long as your loved one was not more than 50% responsible. The other side’s lawyers will do everything they can to push the blame over 50%. Our job is to stop them.
This is very common. It’s almost impossible for a family to know on their own. Our job is to get the medical records and have them reviewed by independent, board-certified medical experts. These experts (not us) will determine if the hospital or doctor’s care “deviated from the accepted standard of care” and if that deviation caused the death.
Most cases (over 90%) are settled before they ever go to trial. We often resolve cases through negotiation or mediation. However, if the insurance company or corporation refuses to offer a fair settlement that covers your family’s true losses, our team is always prepared to take your case to a jury.
There is no simple answer, as each case is unique. A simple car accident case might take one to two years or longer. A complex medical malpractice or product liability case could take several years, especially if it goes to trial. Our promise is to keep you informed at every single step.
Yes, absolutely. The law recognizes that a person’s value is not just their paycheck. A stay-at-home parent, for example, provides tens of thousands of dollars a year in services (childcare, cooking, cleaning, managing the home). We also fight for the loss of guidance, companionship, and support. Every life has immense value. Hiring a wrongful death lawyer includes an initial consultation, investigation, filing of a claim, discovery, negotiation, and potentially a trial.
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