Paterson Wrongful Death Lawyer

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What Does a Paterson, NJ Family Need to Know About Wrongful Death?

When you lose a family member, your entire world changes. When that loss happens suddenly, and you find out it could have been prevented, it’s a feeling of pain and anger that no one should ever have to bear. At The Killino Firm, our team has dedicated decades to helping families across New Jersey and the country navigate this dark time. We know that no lawsuit can bring your loved one back. We know this isn’t just a “case”—it’s your life.

This is a guide for families in Paterson. 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 Paterson Unique?

Paterson is a city with a rich industrial history and a hardworking community. It’s also a city with crowded urban streets, major interstate highways, and large hospital systems. This combination, unfortunately, leads to preventable tragedies for families in Passaic County.

Wrongful Death Lawyer Paterson NJ: Addressing Dangers on the Roads - I-80, Route 46, and City Streets

The roads in and around Paterson are incredibly busy. You have I-80 (a major cross-country trucking route), Route 20, Route 46, and the Garden State Parkway, not to mention the winding and often crowded city streets.

  • The Hard Data: The New Jersey State Police reported 35 fatal crashes in Passaic County in 2023. That is 35 families who had their lives shattered by a sudden, preventable loss.
  • Trucks on I-80: Interstate 80 is one of the most important trucking corridors in America. These massive trucks are a constant presence in Paterson. When a truck driver is fatigued from too many hours on the road, or a trucking company fails to maintain its fleet, a simple mistake can turn their truck into a deadly weapon. Establishing the at fault party is crucial in these cases, as it determines who is legally responsible for the victim’s death or serious injuries. Our team has a deep understanding of truck accident law and how to fight these big companies.
  • A “Secret” Stat About Pedestrian Danger: Paterson is a city where many people walk. But drivers are not always looking out for them. A little-known fact from the National Highway Traffic Safety Administration (NHTSA) is that nearly 70% of all pedestrian fatalities happen in urban areas. And most of these tragedies happen at night. Proving negligence is essential in these cases, as violations of traffic laws often play a role in these tragic incidents. Someone else’s negligence, such as a distracted or speeding driver, can lead to a victim’s death and serious injuries. A driver who is distracted or speeding on a street like Main Street or Market Street poses a huge risk to the community. Proving the connection between someone else’s negligence and the victim’s death is essential for a successful wrongful death claim.

Families affected by fatal crashes face overwhelming financial burdens, including medical bills and funeral costs, which can devastate the victim’s family. The victim’s family is entitled to seek compensation for both financial and emotional losses resulting from the wrongful death. Wrongful death lawyers at The Killino FIrm help families seek fair compensation and financial compensation after a tragedy. 

Introduction to Wrongful Death in New Jersey

Wrongful death in New Jersey occurs when a person’s life is tragically cut short due to someone else’s negligence, recklessness, or intentional wrongdoing. In these heartbreaking situations, surviving family members have the right to seek justice and financial support by filing a wrongful death lawsuit. A wrongful death claim is a civil legal action designed to hold the liable party accountable for the loss and to provide compensation to the deceased person’s estate and their loved ones.

Navigating a wrongful death case can be overwhelming, especially while coping with grief. That’s why working with a knowledgeable wrongful death attorney is so important. Our wrongful death lawyer team can guide families through the complex legal process, ensuring that all necessary steps are taken to protect your rights. In New Jersey, the law allows certain family members to file a wrongful death claim and seek compensation for the financial and emotional impact of their loss. If you have lost a loved one due to someone else’s negligence, consulting with our experienced wrongful death attorneys is the first step toward holding the liable party responsible and securing the support your family needs.  

Causes of Fatal Accidents

Fatal accidents can strike in many forms, and understanding what led to a loved one’s unexpected death is the first step toward justice. In New Jersey, wrongful death cases often arise from a range of tragic circumstances—each with its own legal complexities. Whether the loss was caused by a devastating car accident, a workplace tragedy, medical negligence, or a slip and fall, surviving family members have rights under New Jersey law to seek compensation and hold the liable party accountable. The burden of proof in a wrongful death claim is lower than in criminal cases, requiring a preponderance of the evidence to establish negligence. Criminal prosecution for offenses such as manslaughter or murder is a separate legal process from a civil wrongful death claim, and both proceedings can move forward independently.

Car accidents remain one of the most common causes of wrongful death. When someone’s reckless driving, speeding, or impaired judgment leads to a fatal crash, a wrongful death attorney can help families file a wrongful death lawsuit and pursue compensation for lost wages, medical expenses, and funeral and burial costs. Proving liability often requires gathering police reports, medical records, and witness statements—evidence that an experienced legal team knows how to secure and present.

Workplace accidents, whether in construction, manufacturing, or another industry, can also result in fatal injuries. These tragedies may stem from unsafe working conditions, equipment failures, or employer negligence. A jersey wrongful death lawyer can help families navigate the legal process, especially when a third party—such as a contractor or equipment manufacturer—may be responsible. The right law firm will ensure that all avenues for a wrongful death claim are explored, maximizing the potential for fair compensation.

Medical malpractice is another leading cause of wrongful death in New Jersey. When a healthcare provider’s error or negligence results in a patient’s death, surviving family members may have grounds to file a wrongful death claim. A personal injury law firm with experience in medical malpractice can help families recover compensation for medical expenses related to the incident, as well as the profound loss of companionship and support.

Slip and fall accidents, often overlooked, can also have fatal consequences—especially when property owners fail to address hazards like wet floors, uneven surfaces, or poor lighting. In these cases, a New Jersey wrongful death attorney can help prove liability and seek appropriate compensation for the deceased person’s estate and their loved ones.

Other causes—such as defective products, construction site incidents, or even aviation accidents—can also give rise to wrongful death lawsuits. No matter the cause, the legal process requires careful investigation, collection of physical evidence, and a tailored legal strategy to prove negligence and recover maximum compensation.

Time is of the essence in wrongful death cases. Under Jersey law, you have only two years from the date of your loved one’s death to file a wrongful death claim. Acting quickly ensures that your rights are protected and that crucial evidence is preserved.  When the fatality involves a government agency or public entity (like a state hospital, NJ Transit, or a municipal police force), the case falls under the drastically stricter regulations of the New Jersey Tort Claims Act. If you are facing the unimaginable loss of a loved one due to someone else’s negligence, don’t wait to get the legal support you need.

A free consultation with our experienced wrongful death attorneys can help your family understand your rights, the legal process, and the best path forward. Our legal team will handle every detail—so you can focus on healing, while they fight to secure the justice and compensation your family deserves.  

Workplace and Industrial Accidents

Paterson’s history is built on industry. From the old mills to today’s factories, warehouses, and construction sites, this is a city that works. But every employer has a legal and moral duty to keep its workers safe.

  • The “Fatal Four”: The U.S. Bureau of Labor Statistics (BLS) reported 103 worker deaths in New Jersey in 2022. Many of these are from what OSHA calls the “Fatal Four” in construction: falls, being struck by objects, electrocutions, and “caught-in/between” machinery.
  • The “Third-Party” Claim: This is critical. If your loved one was killed on the job, you may be told workers’ compensation is your only option. This is often not true. Your family may have a very strong “third-party” wrongful death lawsuit against a different company that was negligent. This could be the general contractor, a different subcontractor, or the manufacturer of a faulty piece of equipment. In these cases, proving negligence is essential to establish the at-fault party responsible for the workplace wrongful death.

Securing legal representation from our experienced team is crucial in these complex cases to ensure your family’s rights are protected and you receive the compensation you deserve.  

Medical Malpractice at Hospitals and Clinics

We go to doctors and hospitals expecting to get the best care to help us heal. We trust them with our lives. When that trust is broken, the results are catastrophic.

  • A National Problem: You will not hear this often, but studies (like a major one from the Journal of Patient Safety) have estimated that preventable medical errors are a top cause of death in the United. These preventable errors can result in death caused by medical negligence. This isn’t just a national stat; it happens in our local hospitals.
  • What is a “Preventable Error”? We are not talking about a known, rare side effect. We are talking about clear mistakes that should never happen, such as:
    • Failing to diagnose a heart attack or stroke in the emergency room.
    • A surgeon making a critical error during a routine procedure.
    • A nurse giving the wrong medication to a patient.
    • A doctor failing to order the right tests, leading to a missed cancer diagnosis until it’s too late. Families are often left in the dark, told that “it was just a complication.”

      Our team’s job is to get the records, investigate, and find out the truth, as we have in many medical malpractice cases.

When a deceased person loses their life due to medical negligence, the deceased person’s estate or deceased’s estate may have the right to bring a wrongful death claim. Families can recover medical bills and other economic damages resulting from the loss. Wrongful death compensation and monetary compensation may be available to help cover these losses. In addition to financial burdens, families suffer emotional pain and emotional distress after such tragedies. In some cases, if a family member witnessed the incident and suffered severe emotional distress, a separate claim for that distress may also be possible. 

How Does the Legal Wrongful Death Process Work for a Paterson Family?

If you are considering your options, you probably have a lot of questions. Our team can handle the legal details so you can focus on your family. Here is a simple breakdown.

Establishing Liability and Proving Fault

One of the most critical aspects of any wrongful death claim in New Jersey is establishing who is legally responsible for the tragedy. To prove liability, it must be shown that the at-fault party breached their duty of care, directly causing the victim’s death. This process involves gathering and analyzing key evidence—such as police reports, medical records, and witness statements—to demonstrate negligence or recklessness.

Our skilled wrongful death attorneys will know how to collect and present this evidence effectively, building a strong case against the liable party. In New Jersey, the legal process requires the plaintiff to prove by a preponderance of the evidence that the defendant’s actions were more likely than not the cause of the wrongful death. This standard is lower than in criminal cases, but it still demands a thorough and strategic approach. By working with our experienced lawyers, families can ensure that all relevant facts are uncovered and that the at fault party is held accountable for their actions.

The 2-Year Deadline (Statute of Limitations)

This is the most critical rule. New Jersey has a law called the “statute of limitations” that gives a family only two years from the date of the person’s death to file a wrongful death lawsuit. Legal deadlines like the statute of limitations also apply to any personal injury claim in New Jersey, not just wrongful death cases. If you try to file a case two years and one day later, the court will almost always dismiss it. Your family will lose its right to seek justice forever. Under the New Jersey Tort Claims Act, the statute is drastically stricter for any death caused by a public entity, including a state hospital, NJ Transit, or a county road department.  The New Jersey Tort Claims Act (NJTCA), formally codified as N.J.S.A. 59:1-1 et seq., is the primary statute governing lawsuits filed against public entities (state, county, and municipal governments) and their employees in New Jersey.

Who Files the Wrongful Death Lawsuit in Passaic County?

In New Jersey, the surviving family members (like a spouse or child) do not file the lawsuit themselves. Instead, the lawsuit must be filed by the “Personal Representative” of the person who passed, who acts on behalf of the deceased person’s estate (also referred to as the deceased’s estate). This is usually the “executor” who was named in their will. If there was no will, our team will help you go to the Passaic County Surrogate’s Court (in Paterson), which operates under the authority of the New Jersey Supreme Court, to have a close family member appointed as the “administrator.” You can read more about this law on our main New Jersey wrongful death guide. Additionally, surviving spouses, children, and parents have priority in wrongful death claims in New Jersey.

Working with Experienced Wrongful Death Attorneys

Choosing the right wrongful death attorney can make all the difference in your case. Our experienced wrongful death attorneys understand the complexities of New Jersey law and know how to navigate the legal process to achieve the best possible outcome for your family. From the initial investigation to negotiating with insurance companies and presenting your case in court, our dedicated legal team will handle every detail so you can focus on healing.

At The Killino Firm, you’ll find attorneys who have successfully handled numerous wrongful death cases and who are committed to seeking justice for their clients. The law offices of The Killino Firm, for example, offer compassionate support and aggressive representation, ensuring that your family’s interests are always the top priority. By working with a knowledgeable wrongful death attorney, you can be confident that your case will be managed with care, expertise, and a relentless pursuit of fair compensation for your loss.

What Kind of Compensation Can a Family Recover in a Wrongful Death Claim?

This is a hard but important part of the law. A lawsuit is not about “getting rich”; it’s about justice and financial security. The law focuses on the financial losses the family has suffered. This is called “pecuniary loss.” These are also known as economic damages, which include funeral costs, lost income, and other quantifiable losses such as medical bills and household services. The lawsuit seeks monetary compensation and financial compensation for the family to address these losses. Wrongful death compensation encompasses both economic and non-economic damages, including the value of lost companionship and guidance. Compensation from a wrongful death claim is not part of the victim’s estate and is awarded directly to the heirs. This is different from a “Survival Action,” which is for the pain your loved one endured. You can read more about this law on our main New Jersey wrongful death guide.

The Importance of Expert Testimony

Expert testimony is often a key factor in the success of a wrongful death case. In New Jersey, experts such as medical professionals, accident reconstructionists, or engineers can provide critical insights that help establish how the death occurred and who is responsible. These experts can explain complex technical details in a way that is understandable to judges and juries, strengthening your case and supporting your claim for fair compensation.

Our skilled wrongful death attorneys will know when and how to bring in the right experts to support your case. Expert testimony can be especially important in cases involving medical malpractice, product defects, or complicated accident scenarios. By leveraging the knowledge and credibility of these professionals, our legal team can help surviving family members seek fair compensation and ensure that the liable party is held accountable for their actions.

Common Challenges and Obstacles

Pursuing a wrongful death claim in New Jersey is rarely straightforward. Families often face significant challenges, from uncooperative insurance companies to difficulties in gathering evidence or proving liability. Insurance companies may attempt to minimize payouts or deny claims altogether, adding stress to an already painful situation. Additionally, wrongful death cases can become even more complex when multiple parties are involved or when the cause of death is disputed.

Our knowledgeable wrongful death attorneys can help you overcome these obstacles by providing strong legal representation and guiding you through each step of the legal process. Acting quickly is essential, as New Jersey law imposes a strict two-year deadline for filing a wrongful death claim. Fatalities linked to government agencies, such as NJ Transit or a state hospital, fall under the far stricter rules of the New Jersey Tort Claims Act. By partnering with our experienced lawyers, you can ensure that your rights are protected, that all necessary evidence is collected, and that your family has the best possible chance of receiving fair compensation for your loss.

Key Takeaways for Paterson Families

We know this is a lot to take in. Here are the most important points:

  • There is a Deadline: You have only two years from the date of passing to file a wrongful death claim in New Jersey.  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.
  • Workplace Accidents are Complex: Even if you’re getting workers’ comp, you may have a “third-party” claim against a negligent contractor or manufacturer.
  • Truck Cases are Fights: To win an I-80 truck accident case, you must get the truck’s “black box” data and the driver’s logs immediately.
  • You Need a Representative: The case must be filed by the “Personal Representative” appointed by the Passaic County court.
  • You Don’t Fight Alone: Our strong, experienced legal team can take this burden off your shoulders. You pay nothing upfront. Many wrongful death law firms operate on a contingency basis, meaning they only get paid if the case is won and a settlement is awarded. If a settlement cannot be reached, the wrongful death case may proceed to a civil trial, where a judge or jury will determine liability and compensation.

Paterson Hospitals and Grief Support Resources

After a tragedy, the first priority is support—both medical and emotional. Here are some of the key resources in the Paterson area.

 

Major Hospitals & Trauma Centers

  • St. Joseph’s University Medical Center (Paterson): A major teaching hospital, St. Joseph’s is a state-designated Level II Trauma Center, equipped to handle severe, life-threatening injuries for both adults and children.
  • Hackensack University Medical Center (Hackensack): A short drive from Paterson, this is a Level I Trauma Center and a major regional hospital for the most complex medical and surgical cases in North Jersey.

 

Grief Support for Paterson Families After a Wrongful Death

  • Good Grief (Morristown): Located nearby, Good Grief provides free support programs for children, teens, and young adults who are grieving a loss, as well as programming for their surviving parents or guardians.
  • Valley Health System Grief Support: The Valley Hospital in nearby Ridgewood offers various bereavement support groups for adults who have lost a spouse, parent, or other loved one.
  • Psychology Today – Grief Therapists: This is a helpful online directory to find local, individual counselors in the Paterson area who have experience in helping families navigate loss.

7 Common Questions We Hear from Paterson Families

First, never take the company’s word for it. They are trying to protect themselves. We would immediately open an investigation to see if they violated any OSHA (Occupational Safety and Health Administration) safety rules. If they failed to provide proper training, safety gear (like a harness), or secure equipment, they may be held liable.

This is a very difficult and common question. The only way to know for sure is to have an independent medical expert review the case. Our team would get all of your mother’s medical charts and have them analyzed by a doctor in the same field who has no connection to the hospital. They will tell us if the “standard of care” was met.

This is a very sensitive and difficult situation. Legally, the family would have a wrongful death claim against the driver of the vehicle. We understand this is challenging when the driver is a friend or family member, but it’s important to remember that the recovery usually comes from the driver’s auto insurance policy. The friend will likely not have to pay anything out of their own pocket; their insurance company is obligated to handle the claim and provide the compensation needed to cover the family’s losses.

No. Never. Our team’s consultations are always 100% free and confidential. We handle all wrongful death cases on a contingency fee basis, which means we cover all the costs of the investigation and the lawsuit. You pay us nothing unless we win a financial recovery for your family.

Yes. If your loved one died “intestate” (without a will), the family can petition the Passaic County Surrogate’s Court to have a close relative (like a spouse or adult child) appointed as the “administrator” of the estate. That person then has the legal authority to file the wrongful death lawsuit on behalf of the family.

Please do not sign anything. The insurance company’s first offer is almost always a lowball amount, offered quickly before you know the full extent of your financial losses. They want you to take a small check in exchange for signing away your rights to ever file a lawsuit. This is a trap. Please talk to our lawyers before you even talk to the insurance company.

Absolutely not. This is a common defense, but it is not the end of the story. In New Jersey, drivers have a high duty of care. We would investigate: Was the driver speeding? Was the driver on their phone? Was it a dark, poorly lit area?

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