For more information of confidential assistance
201-342-5545
se habla español

New Jersey Wrongful Death Attorney, Bergen County

US Supreme CourtPersonal injury attorneys serving NYC and northern New Jersey, including Hudson, Passaic, Morris, Essex, Middlesex, and Bergen County.

For over 25 years, the New Jersey wrongful death lawyers at Eisbrouch Marsh have been helping those who have suffered the tragic death of a loved one take advantage of their legal rights. When someone is killed as the result of another’s negligence or intentional act, the responsible party can be held legally liable for damages. Though no amount of money can make up for the needless loss of a loved one, filing a personal injury lawsuit can help the bereaved seek a measure of justice and compensation for funeral expenses, lost wages, spousal support, pain and suffering, and more.

Our NJ personal injury attorneys understand the overwhelming impact a sudden loss of life can have on the loved ones left behind. At Eisbrouch Marsh, we pledge 100% commitment and compassion to our clients in their time of need. Call us today for a free, no-obligation consultation about your case. Our attorneys will fight with you side by side, and we charge no attorney fees unless we win your case.

What qualifies as “wrongful death”

Though the effects are devastating, the definition is simple: a wrongful death happens when one person is killed through the wrongful acts of another.

Some of the more common types of wrongful death cases include:

  • Auto accident
  • Medical malpractice
  • Product liability-related accident
  • Murder
  • Accidents in the workplace
  • Construction accidents

A wrongful death can be caused by negligence, which is what the law calls it when someone is unacceptably careless or reckless, or by an intentional act.

Generally, to recover for a wrongful death, you have to be able to prove that:

  1. The other party was at fault
  2. The wrongful act did, in fact, cause the injury leading to death
  3. The damages you wish to recover arose from the death

Each wrongful death case is special and will have its own precise facts that a party must prove in order to recover. The circumstances and the relationships between the parties will also determine which parties can be held accountable and the amount of damages available.

It is important to work with a personal injury lawyer who understands the special circumstances of your wrongful death lawsuit. For over two decades, we have been helping the families we represent in New York and New Jersey by taking the time to get to know them and how their lives have been turned upside down by the untimely loss of a loved one.

State wrongful death laws

Each state has enacted its own laws governing who can file a wrongful death claim, the time limit to file it, and how recovered damages can be distributed. If you think you may have a wrongful death claim, speak to a NJ personal injury lawyer as soon as possible, because a delay may prevent you from recovering for your loss.

Who can file a claim?

A wrongful death suit can have two components: the wrongful death claim and the survival claim; the wrongful death claim is to compensate the family for its loss and the survival action is to compensate the estate for the injury and damages that the victim experienced as a result of the injury that caused death.

Each state has its own laws determining who can bring the lawsuit. In Bergen County and elsewhere in New Jersey, a wrongful death claim can be brought by the executor of the will or administrator of the estate.

A survival or survivorship claim represents the loss that the victim suffered before death. This includes any conscious pain and suffering, medical bills, lost wages, and other losses experienced directly by the deceased from the time of the injury until his or her death. Because these are losses experienced personally by the victim, any recovery for the survival claim is distributed to his heirs, the same way as his other property.

The wrongful death claim represent the damages and loss experienced by the parents, children, or others with a special relationship to the victim. This portion of the damages can include economic damages, like a lost inheritance, lost wages, and medical expenses, as well as non-economic damages, such as loss of companionship and loss of support or household services.

Time limitations

Each state’s wrongful death statute sets the time limit in which a plaintiff is allowed to bring a claim. In New Jersey, the statute of limitations on a wrongful death claim is two years. It is important to talk to a lawyer as soon as possible if you believe you have the right to pursue a wrongful death claim; if you wait too long, you could be barred forever.

Examples of wrongful death claims

The family of a man from Burlington, New Jersey, received a $1million settlement from the contracting company that owned a crane that collapsed, killing the man. According to the U.S. Occupational Safety and Health Administration, the contracting company had not required the necessary inspections on the crane and issued it 10 violations and $68,000 in fines.

The Camden City policy agreed to pay $750,000 to settle a lawsuit brought by the mother of a 21-year-old who died after an altercation with cops. Her son was arrested outside a concert in 2007 and, while handcuffed, he was punched in the face and beaten with nightsticks. He died from the injuries five days later.

A New York jury awarded $190 million to five plaintiffs in a personal injury and wrongful death case based on mesothelioma, a cancer caused by asbestos exposure. The five mesothelioma victims were tradesmen who were exposed to asbestos in the workplace and they claimed that their employers failed to warn of its danger. Two of the victims lived to see the award but three of them died from the mesothelioma before trial.

New Jersey wrongful death lawyers are on your side

If you are entitled to an award, recovery can happen at any one of several stages of the litigation process. An early negotiation stage may involve settlement with the insurance companies for the at-fault parties. Once a lawsuit is filed, the parties participate in what is known as discovery, which is a fact-gathering stage. Often the discovery phase leads to a settlement. If it does not, the parties may go to trial.

A trial can be time-consuming and emotionally draining, but the NJ wrongful death attorneys at Eisbrouch Marsh can guide you through every stage of the process in the fight for justice for you and your family. We work with the experts you need — including in-house investigators and medical experts — to prove your claim.

At a time when you may feel helpless, we walk beside you to answer questions and help you succeed with your claim. We serve residents in northern New Jersey, including Hackensack, Paramus, and throughout Bergen County. Call us today for a no-charge consultation about your case at: 201-342-5545.

  1. New Jersey Permanent Statutes Database, When action lies; Persons entitled to Sue or make a claim, Limitations of actions, exceptions, http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=478772&Depth=4&TD=WRAP&advquery=%222A%3a31-1%22&headingswithhits=on&infobase=statutes.nfo&rank=&record={953}&softpage=Q_Frame_Pg42&wordsaroundhits=2&x=0&y=0&zz=
  2. Star-Ledger (NJ.com), Family of N.J. man killed in crane crash settles wrongful death suit for $1M, report says, http://www.nj.com/news/index.ssf/2013/08/family_of_nj_man_killed_in_crane_crash_settles_wrongful_death_suit_for_1m_report_says.html
  3. Courier-Post Online, Camden settles suit over ‘07 death, concertgoer died after incident with police, http://www.courierpostonline.com/article/20131126/CRIME/311260015/
  4. New York Post, Cancer victims win $190 in asbestos case - the ‘largest ever’ judgment of its kind in New York City, http://nypost.com/2013/07/24/cancer-victims-win-190-million-in-asbestos-case-the-largest-ever-judgment-of-its-kind-in-new-york-city/