What is a Wrongful Death Lawsuit?

New Jersey law defines “wrongful death” as a death that is “caused by a wrongful act, neglect or default.” In other words, a wrongful death occurs when one person dies because of the careless, reckless, or intentional acts of another person or entity. The conditions that caused the death must be such that, if the deceased person had lived, he or she would have been able to file a personal injury lawsuit. For example, almost any type of accident or incident can provide the basis for a wrongful death claim including:

Car, motorcycle, or truck accidents: if a motorist is behaving badly behind the wheel or is intoxicated and kills someone in an accident, they could be held liable for wrongful death.
Medical malpractice: negligent doctors, nurses, technicians and hospital staff members that cause a patient’s death could be held liable for wrongful death.
Construction or work-place accidents: the Bureau of Labor Statistics estimates that 4,764 fatal work injuries were recorded in the United States in 2020. Depending on the situation and the cause of death, employers and other parties may be held liable for wrongful death.
Defective products: product manufacturers and distributors have a duty to make and sell products that are safe for consumers to use as intended. If they fail to do so, and a person dies due to the defective product, they may be liable for wrongful death.

A wrongful death lawsuit can even be predicated on criminal homicide, and you may bring a lawsuit even if there are criminal charges pending. Our firm has significant experience in successfully litigating wrongful death claims for our clients. For example, we were able to obtain a $2.8 million settlement for our client, a sixteen-year-old football player, who was allowed to return to play before his conclusion injury healed. While on the field, he was involved in a play where his unhealed concussion caused his death due to second impact syndrome. Other successful cases for our clients include a $3 million jury verdict for medical malpractice that led to the wrongful death of a forty-year-old New Jersey man, a $4 million settlement for a 45 year old man who died from a failure to diagnose his condition, and a $4.5 million wrongful death settlement on behalf of the family of a little girl who died as a result of medical malpractice. We have also handled numerous wrongful death lawsuits where our client died as a result of a car accident in New Jersey.

The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Readers of this website should contact an attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this website should act or refrain from acting based on information on this website without first seeking legal advice from counsel.

How Are Wrongful Death Settlements Paid Out?

The value of a wrongful death case varies greatly based on the unique circumstances of each case. In New Jersey, a wrongful death settlement can be paid in two (2) different ways. Either in a lump sum or in a structured settlement.

Who Gets the Money in a Wrongful Death Lawsuit?

In New Jersey, if the deceased person died without a will, the personal representative (sometimes called the “executor”) of the estate must bring a wrongful death claim. If the person died without a will naming a personal representative, the court will appoint someone (called the Administrator ad Prosequendum) to act as an administrator who can then file the lawsuit.

A wrongful death lawsuit can consist of two parts: a survival action and a wrongful death action. The survival action allows recovery for the deceased person’s injuries until death, if any. These damages may include conscious pain and suffering, medical bills up until death, and any lost wages from injury up until death. Any proceeds recoverable under this part of the case will get distributed to the heirs in accordance with the deceased person’s will. If the deceased person dies without a will, the proceeds recovered are distributed based on New Jersey law.

The wrongful death action is the part of the case that allows the heirs of the deceased to recover for their losses that are associated with the death. This generally includes economic losses, the value of the loss of guidance, advice, support as well as lost companionship in certain circumstances. Some examples of economic losses are:

lost earnings of the deceased person;
lost value of household chores;
lost value of services such as the care, comfort, or guidance provided by the decedent while they were alive; and
funeral expenses.

In New Jersey wrongful death claims, the persons most likely to recover include the spouse, children, or parents of the deceased person. This requires a judge to hold a hearing to apportion the proceeds from the recovery among all potential takers based on dependency and other factors.

As wrongful death claims are a very complicated area of the law, it is in your best interest to hire a New Jersey lawyer who has many years of experience with this branch of personal injury law. Our firm has been aggressively fighting for the rights of victims whose loved ones suffered a wrongful death and we have had tremendous success handling wrongful death cases. For instance, we were able to secure our client, the widow of a forty-year-old man, a $3 million verdict after he died under the care of two physicians at University Hospital in Newark. On appeal, the Appellate Division affirmed the verdict.

Are Wrongful Death Settlements Taxable?

Generally, a personal injury settlement or verdict will not be subject to taxation in New Jersey. The Internal Revenue Service (IRS) does not consider personal injury awards, and thus wrongful death claims, to be “income” because these damages generally “compensatory.” Therefore, the IRS does not tax settlements or jury verdicts which compensate for:

pain and suffering;
emotional distress

Punitive damages, which are rare in personal injury and wrongful death claims, are considered “income” and, therefore, subject to taxation.

How Much Can You Sue a Hospital for Wrongful Death?

The value of a wrongful death case varies greatly based on the unique circumstances of each case. Be advised, however, that there is something called “charitable immunity” in New Jersey. This immunity applies when an organization: (1) is formed for nonprofit purposes; (2) is organized exclusively for religious, charitable or educational purposes; and (3) was promoting such purposes at the time of injury to the plaintiff who was a beneficiary of the charitable works.

The Charitable Immunity Act currently caps hospital liability at $250,000. The cap is available only to organizations “organized exclusively for hospital purposes.” This also includes a hospital’s exposure of all vicarious liability claims for employees and agents. Significantly, the Charitable Immunity Act excludes from immunity any health-care provider of the hospital who is a compensated employee, agent, or servant. Importantly, charitable immunity is an affirmative defense for which the hospital bears the burden of proving.

Charitable immunity cases can be exceedingly difficult to navigate. Please contact our firm at (973) 228-9898 for a free consultation. We have successfully navigated numerous cases involving charitable immunity, and our firm has well-known history of securing substantial sums of money for our clients.

How to File a Wrongful Death Claim

Be aware that wrongful death claims, like other lawsuits, must be filed within a specific period of time governed under the “statute of limitations.” In New Jersey, the statute of limitations for a wrongful death lawsuit is two (2) years from the date of the victim’s death. However, New Jersey does not have a statute of limitations for wrongful death claims where the death was the result of murder, aggravated murder, or manslaughter for which the person who caused the death was convicted, found not guilty by reason of insanity, or adjudicated delinquent.

If the two-year statute of limitations has not lapsed, the first step is to file a lawsuit through something called a complaint. The complaint must provide the party or parties who caused the victim’s death with notice of the factual and legal grounds for the case. Along with the complaint, one must also complete a Civil Case Information Statement and provide a check or money order in the amount of $250, which serves as the filing fee.

These documents must then be served on the party or parties who caused the victim’s death. There are two ways to have a complaint served in New Jersey. First, through a sheriff’s officer in the county where the complaint is filed. Alternatively, a private process server or any adult with no connection or financial interest in the case can also serve a complaint.

Although parties are entitled to represent themselves, we highly encourage contact a personal injury attorney. We take pride in the fact that our high-quality, client-oriented representation gets results. For instance, our managing partner, David Mazie, was able to secure a $2.7 million settlement for our client in one of the most infamous police brutality cases in New Jersey history. Our client was beaten by the police and, ultimately, died while in their custody.

How to Sue a Hospital for Wrongful Death

Yes. You can sue a hospital for wrongful death arising out of medical malpractice. In New Jersey, the statute of limitations for a wrongful death claim is two (2) years from the date of the victim’s death.

If the two-year statute of limitations has not lapsed, the first step is to complete a complaint. The complaint must provide the party or parties who caused the victim’s death with notice of the factual and legal grounds for the case. Along with the complaint, one must also complete a Civil Case Information Statement and provide a check or money order in the amount of $250, which serves as the filing fee.

Remember, the Charitable Immunity Act typically caps hospital liability at $250,000. This also includes a hospital’s exposure of all vicarious liability claims for its employees and agents. Importantly, however, the Charitable Immunity Act excludes from immunity any health-care provider who is a compensated employee, agent, or servant of the hospital. In other words, compensated employees or agents of the hospital are not entitled immunity.

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