New Jersey Wrongful Death Lawyers & Accidental Death Attorneys
Reviewed by Mazie Slater’s specialized wrongful death attorney [David A. Mazie – Managing Partner of Mazie Slater Katz & Freeman]
The sudden, unexpected death of a loved one is devastating under any circumstances. When that death is caused by someone else’s negligence, recklessness, or intentional conduct, the grief is compounded by anger and a profound sense of injustice. At Mazie Slater Katz & Freeman, our New Jersey wrongful death lawyers are some of the best in the state. We understand the overwhelming emotional and financial challenges you’re facing, and we’re here to help you seek justice and secure the compensation your family deserves.
Our wrongful death attorneys have recovered tens of millions of dollars in successful settlements and jury verdicts on behalf of the estates and families of wrongful death victims across New Jersey. With more than a billion dollars in total recoveries, we have the experience, resources, and determination to take on the most complex wrongful death cases involving medical malpractice, car accidents, truck accidents, defective products, worksite accidents, personal injury, and more.
OUR SUCCESSFUL NEW JERSEY WRONGFUL DEATH CASES
Examples of some of the lawsuits our team of wrongful death lawyers hashave handled are:
- $19.2 million settlement for wrongful death caused by a gas explosion
- $12 million medical malpractice jury verdict against an oral surgeon whose negligence resulted in the death of a twenty-one-year-old man within twelve hours of having his wisdom teeth extracted
- $7.8 million confidential settlement of a product liability/wrongful death case of a mother and daughter killed by a roller coaster at a New Jersey amusement park
- $5.5 million settlement for a wrongful death due to medical malpractice. A doctor who was donating bone marrow, while under anesthesia, his oxygen supply plummeted, causing his death.
- $5 million confidential settlement for a deadly automobile accident
- $4.75 million settlement for a medical malpractice case where a cancer diagnosis was missed, leading to the victim’s death
- $4.5 million settlement for the wrongful death of a child after a doctor failed to diagnose malaria.
- $3.55 million settlement for a tragic car accident resulting in the death of a child.
- $3.18 million settlement for a woman who drowned when her car veered off and plunged into the Passaic River
- $3 million jury verdict for medical malpractice that led to wrongful death of a New Jersey man
- $2.8 million settlement for the death of a sixteen-year-old football player from a sports concussion
- $2.7 million settlement we achieved for the family of an individual who was killed at the hands of police officers
- $1.1 million jury verdict for medical malpractice that led to wrongful death
Results may vary depending on your particular facts and legal circumstances.
Common Causes of Wrongful Death in New Jersey
Wrongful Death Caused by Car Accidents
Motor vehicle accidents are one of the leading causes of wrongful death in New Jersey. Specifically, in 2024, the New Jersey State Police recorded 685 fatalities in car accidents across the state. With our state’s high traffic volume and complex roadway systems, fatal car accidents occur with tragic frequency. Our car accident wrongful death lawyers have extensive experience handling cases involving:
- Drunk Driving Deaths: When intoxicated drivers cause fatal accidents, we pursue claims against both the driver and potentially the establishment that over-served them
- Distracted Driving Fatalities: Deaths caused by texting, phone use, or other distractions while driving
- High-Speed Collisions: Fatal accidents involving excessive speed or reckless driving
- Multi-Vehicle Crashes: Complex accidents involving multiple vehicles and parties
- Pedestrian and Cyclist Deaths: Fatal accidents involving vulnerable road users
- Commercial Vehicle Accidents: Deaths involving trucks, buses, or other commercial vehicles
Our car accident attorneys specialize in wrongful death lawsuits and understand the complexities of investigating fatal car accidents, including accident reconstruction, analysis of traffic patterns, and examination of vehicle data recorders. We will build compelling cases that hold negligent drivers and their insurance companies fully accountable.
Wrongful Death Caused by Medical Malpractice or Negligence
Medical errors are a leading cause of preventable death in the United States, with approximately 15% of all medical malpractice cases involving a wrongful death. When healthcare providers fail to meet the standard of care, the consequences can be fatal. Our medical malpractice wrongful death attorneys have secured record-breaking verdicts and settlements in cases involving:
- Surgical Errors: Deaths resulting from wrong-site surgery, anesthesia errors, or surgical complications
- Misdiagnosis or Delayed Diagnosis: Fatal outcomes when cancer, heart attacks, strokes, or infections go undiagnosed
- Medication Errors: Deaths caused by wrong medications, incorrect dosages, or dangerous drug interactions
- Birth Injuries: Infant deaths or maternal deaths during labor and delivery
- Hospital Negligence: Deaths caused by infections, nursing errors, or inadequate monitoring under anesthesia
- Emergency Room Malpractice: Fatal errors in emergency medical care
- Nursing Home Malpractice: Deaths caused by negligence in nursing home care
- Defective Medical Products: Deaths caused by medical products that are found to be defective
Medical malpractice wrongful death cases require extensive medical knowledge and the ability to work with leading medical experts. Our wrongful death laywers have been recognized multiple times as Medical Malpractice Law Firm of the Year by the National Law Journal, and we have a proven track record to take on hospitals, doctors, and their insurance companies.
Understanding New Jersey Wrongful Death Law
What Constitutes a Wrongful Death in New Jersey
Under New Jersey law, a wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional actions. The death must be one that would have allowed the deceased to pursue a personal injury claim had they survived. New Jersey’s wrongful death statute allows families to seek both economic and non-economic damages.
Four Essential Elements of a Wrongful Death Case
To succeed in a New Jersey wrongful death lawsuit, our attorneys must prove four key elements:
- Duty of Care – The defendant owed the deceased a legal duty to act with reasonable care
- Breach of Duty – The defendant violated that duty through negligent, reckless, or intentional conduct
- Causation – The defendant’s actions directly caused or substantially contributed to the death
- Damages – The death resulted in quantifiable financial and emotional losses to survivors
How Does a Wrongful Death Lawsuit Work?
A wrongful death claim is used when a representative of the decedent’s estate files the suit on behalf of the surviving family. A representative of the decedent’s estate could be: a wrongful death lawyer, surviving spouse, a child of the deceased, a parent of the deceased, or another dependant. The suit is filed against the party whose negligent actions caused the death. The surviving family members must be able to establish two things to successfully win this kind of lawsuit:
- They prove that the death of their loved one was not caused by their own actions, but in fact by the negligent actions of the other party.
- They provide proof that they suffered a measurable amount of damages because of the death of their loved one.
Types of Wrongful Death Claims in New Jersey
In New Jersey, there are two common types of claims made in wrongful death cases.
Traditional Wrongful Death Claims
A traditional wrongful death claim seeks compensation for the losses suffered by the deceased’s surviving family members. In New Jersey, damages may include:
- Lost Financial Support: The present value of the income the deceased would have provided to survivors
- Loss of Household Services: The value of services the deceased provided, such as childcare, home maintenance, and other domestic contributions
- Loss of Companionship and Guidance: Compensation for the emotional support, love, and guidance that survivors have lost
- Medical and Funeral Expenses: Costs associated with the deceased’s final illness and burial
Survival Actions
A survival action in a wrongful death case allows the estate to recover damages that the deceased could have claimed if they had lived. These may include:
- Medical Expenses: All medical costs related to the final injury or illness
- Lost Wages: Income lost between the time of injury and death
- Pain and Suffering: Compensation for the physical and emotional distress the deceased experienced before death
- Punitive Damages: In cases involving particularly egregious conduct
Compensation Available in New Jersey Wrongful Death Cases
Economic Damages
Economic damages compensate for quantifiable financial losses resulting from your loved one’s death. These include medical expenses incurred before death, funeral and burial costs, and the present value of lost income and benefits your loved one would have provided throughout their expected working life. We also calculate the value of household services and childcare that have been lost, as well as any property damaged in the incident that caused the death.
Non-Economic Damages
Non-economic damages address the intangible but profound losses that cannot be easily quantified. These include the loss of companionship, love, and emotional support that your loved one provided, as well as the guidance, training, and care they would have given to children and family members. Unlike some states, New Jersey does not cap non-economic damages in cases of accidental death, allowing for fair compensation based on the unique circumstances of each family’s loss.
Punitive Damages
In cases involving particularly egregious conduct, such as drunk driving or intentional harm, punitive damages may be available through a survival action. These damages are intended to punish the wrongdoer and deter similar conduct in the future.
Do I Need A Wrongful Death Attorney?
A wrongful death attorney in New Jersey can be crucial for several reasons if you are dealing with the loss of a loved one due to someone else’s negligence or wrongful actions. Here are some key reasons why you might need an aggressive wrongful death attorney:
Legal Expertise and Experience
Wrongful death cases involve complex legal issues that require extensive knowledge of New Jersey statutes, case law, and procedural requirements. Our attorneys are experts in wrongful death cases and have decades of experience handling these sensitive cases, and understand how to build strong legal arguments that maximize your recovery.
Thorough Investigation and Expert Resources
Successful wrongful death cases require a comprehensive investigation and often depend on expert testimony. We work with leading medical professionals, accident reconstruction specialists, economists, and other experts to build compelling cases that establish liability and prove the full extent of your losses.
Skilled Negotiation and Trial Experience
Insurance companies and defendants often try to minimize payouts in wrongful death cases. Our attorneys are some of the top wrongful death attorneys in New Jersey, and we know how to deal with insurance tactics. Additionally, we are always prepared to take cases to trial when necessary to secure fair compensation.
Emotional Support During Difficult Times
We understand that pursuing a wrongful death claim while grieving can be overwhelming. Our compassionate wrongful legal team handles all aspects of your case, allowing you to focus on healing while we fight for the justice your family deserves.
Hiring a wrongful death attorney in New Jersey can provide you with the expertise, support, and representation needed to navigate a challenging and emotional legal process. We can help ensure that your rights are protected and that you receive the compensation you deserve for your loss.
Contact Our New Jersey Wrongful Death Attorneys
Losing a loved one is one of life’s most difficult experiences. When someone else’s negligence causes that loss, you shouldn’t have to face the legal complexities alone. Mazie Slater Katz & Freeman has some of the best wrongful death attorneys in the state of New Jersey, and we are here to help you through this difficult time while fighting to secure the justice and compensation your family deserves.
We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. Don’t let critical evidence disappear or important deadlines pass. Contact us today to learn how we can help you hold the responsible parties accountable and win your wrongful death case.
Frequently Asked Questions About Wrongful Death Cases
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How long do I have to file a wrongful death lawsuit in New Jersey?
New Jersey’s statute of limitations for wrongful death cases is two years from the date of death. This deadline is strictly enforced, so it’s crucial to contact an experienced attorney who specializes in accidental death cases as soon as possible to protect your rights.
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What is the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks compensation for the losses suffered by surviving family members, while a survival action allows the estate to recover damages that the deceased could have claimed if they had lived. Both types of claims can often be pursued simultaneously.
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Can I file a wrongful death lawsuit if there’s also a criminal case?
Yes, you can pursue a civil wrongful death lawsuit even if criminal charges are filed against the responsible party. The criminal case and civil lawsuit are separate proceedings with different standards of proof and objectives.
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How is compensation calculated in a wrongful death case?
Compensation depends on various factors, including the deceased’s age, earning capacity, life expectancy, and the financial and emotional support they provided to survivors. Our attorneys work with economic experts to calculate the present value of these losses accurately.
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Will my wrongful death case go to trial?
Many wrongful death cases are resolved through settlement negotiations, but we are always prepared to take cases to trial when necessary to secure fair compensation. Our willingness to litigate often leads to better settlement offers.
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What if my loved one was partially at fault for the accident that led to their death?
New Jersey follows a comparative negligence system. Even if your loved one shared some fault, you may still recover damages if they were less than 51% responsible for the incident. This is part of what our wrongful death attorneys evaluate when taking your case.