Wrongful Death Attorney In New Jersey

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In New Jersey, nearly 1,500 wrongful deaths occur each year due to preventable accidents, medical errors, and negligent actions. When a loved one’s life is taken too soon, the emotional and financial toll on the family can be overwhelming.

At the Law Offices of Peter Briskin, P.C., we stand with families across New Jersey who are seeking justice after a tragic loss. Our mission is simple: to help you hold the responsible parties accountable and recover the compensation your family deserves.

If you believe your loved one’s death was caused by someone else’s negligence, we’re here to guide you through your legal options—with compassion, clarity, and determination.

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Wrongful Death Lawyer NJ: What Constitutes Wrongful Death in NJ?

Under New Jersey law, a wrongful death occurs when someone dies as a direct result of another person or entity’s negligent, reckless, or intentional actions.

This could involve anything from a careless driver on the Garden State Parkway to a fatal fall at a construction site in Newark, or even a medical mistake in a hospital in Edison.

Most wrongful death cases stem from preventable incidents, meaning the loss could have been avoided if proper care had been taken. Common causes include:

  • Car, truck, and motorcycle accidents

  • Medical malpractice

  • Workplace and construction site accidents

  • Dangerous or defective products

  • Criminal conduct or violence

At the Law Offices of Peter Briskin, we’ve handled wrongful death claims across New Jersey—from Hudson County to Middlesex County—fighting for families devastated by sudden, avoidable loss.

Whether your case involves a fatal accident on Route 22 or a surgical error at a local hospital, we’re here to help you pursue accountability and compensation.

Who Can File a Wrongful Death Claim in New Jersey?

In New Jersey, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This is often a surviving spouse or close family member, but if no representative has been named in a will, the probate court can appoint one.

The claim is brought on behalf of the victim’s surviving family members who depended on the deceased for financial or emotional support.

Eligible beneficiaries may include:

  • The deceased person’s spouse

  • Children, including adopted children

  • Parents of the deceased

  • Other relatives who were financially dependent on the victim

New Jersey law also recognizes “actual dependency.” That means even if someone wouldn’t normally inherit under a will, they may still be entitled to compensation if they relied on the deceased for support.

In some cases, more than one family member may have a claim—and the court will decide how to fairly divide any compensation.

At our firm, we help families understand their rights and guide them through the legal steps required to file a wrongful death claim or survival action.

Whether you’re the surviving spouse or a parent facing the loss of a child, we’re here to make the process as clear and manageable as possible.

Types of Fatal Accidents

Fatal accidents can occur in various ways, including motor vehicle accidents, medical malpractice, workplace accidents, and product liability.

In New Jersey, the most common types of fatal accidents include car accidents, truck accidents, and pedestrian accidents.

Other types of fatal accidents include construction accidents, slip and fall accidents, and nursing home abuse.

A New Jersey wrongful death lawyer can help families determine whether they have a valid wrongful death claim and guide them through the legal process.

Types of Wrongful Death Claims

Wrongful death cases in New Jersey often involve more than one type of legal claim. Depending on the facts, your family may be entitled to bring multiple claims to fully account for the loss—both emotionally and financially. In some cases, a separate claim for emotional distress or other damages may be pursued.

Wrongful Death Action

This claim focuses on the losses suffered by the victim’s surviving family members. It includes financial support the deceased would have provided, the value of household services, and the emotional loss of companionship, guidance, and care.

For example, a surviving spouse may seek compensation for lost income and the care their partner provided at home.

Survival Action

Separate from the wrongful death claim, a survival action is filed on behalf of the deceased person’s estate.

It covers damages the person could have pursued if they had survived the incident—such as medical bills, pain and suffering, and lost wages between injury and death.

Emotional Distress Claims

In rare cases, a family member who witnessed the fatal event may file a negligent infliction of emotional distress claim.

These are highly fact-specific and typically require close proximity to the event and a clear, direct connection to the trauma.

At the Law Offices of Peter Briskin, P.C., we examine every case to determine which claims apply. Our goal is to make sure every possible avenue of compensation is explored on your behalf.

Wrongful Death Attorney In New Jersey​

Damages Recoverable in a Wrongful Death Lawsuit

A wrongful death claim in New Jersey allows surviving family members to seek compensation for the economic and emotional impact of a loved one’s death. No amount of money can replace a life—but fair compensation can ease the financial strain and help provide a measure of justice. Achieving a fair settlement is crucial to address both the financial and emotional burdens faced by the family.

Depending on the circumstances, you may be entitled to recover damages for:

  • Lost financial support: The income your loved one would have earned and contributed to the household

  • Funeral and burial expenses: Costs related to laying your family member to rest, including funeral bills

  • Medical bills: Expenses for treatment prior to the person’s death, including emergency care or hospitalization

  • Loss of household services: The value of work your loved one performed at home, such as childcare, cleaning, or repairs

  • Loss of companionship and guidance: The emotional toll of losing a parent, spouse, or child, including the emotional pain experienced by loved ones

  • Pain and suffering prior to death: If your loved one endured pain before passing, this may be recoverable through a survival action

  • Punitive damages: In cases involving egregious wrongdoing or reckless conduct, the court may award punitive damages to punish the responsible party

Every case is unique, and the total amount of compensation depends on the details—your loved one’s age, earnings, role in the family, and the nature of the defendant’s negligence.

Our team works closely with economists, medical experts, and other professionals to present a clear picture of your family’s losses. We fight to secure full and fair compensation—whether through settlement or trial.

New Jersey Wrongful Death Law

New Jersey’s wrongful death law allows surviving family members to file a wrongful death claim against the person or entity responsible for the deceased person’s death.

The law requires that the claim be filed within two years of the deceased person’s death, and that the defendant’s negligence or intentional actions be proven as the cause of the death.

In New Jersey, wrongful death claims can include damages for medical expenses, funeral and burial expenses, lost wages, and emotional distress.

A qualified New Jersey wrongful death attorney can help families navigate the complex legal process and ensure that they receive fair compensation for their losses.

In New Jersey, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person’s death.

It is essential to consult with a New Jersey wrongful death lawyer as soon as possible to ensure that the claim is filed within the statute of limitations.

The lawyer can help families gather evidence, build a strong case, and negotiate with the responsible parties to achieve a successful outcome.

New Jersey wrongful death lawyers work on a contingency fee basis, which means that they do not get paid unless the family receives compensation.

This allows families to pursue a wrongful death claim without incurring significant upfront costs.

A New Jersey wrongful death attorney can provide legal guidance and support throughout the legal process, ensuring that families receive the financial compensation they deserve for their losses.

If you have lost a loved one due to a preventable accident, it is essential to consult with a qualified New Jersey wrongful death attorney.

The attorney can help you determine whether you have a valid wrongful death claim and guide you through the legal process.

With the help of a New Jersey wrongful death lawyer, you can seek compensation for your losses and hold the responsible parties accountable for their actions.

New Jersey Wrongful Death Law

Statute of Limitations in NJ Wrongful Death Cases

In New Jersey, most wrongful death lawsuits must be filed within two years of the decedent’s death. This deadline is strict—if you wait too long, the court may refuse to hear your case, no matter how strong the evidence is. New Jersey’s wrongful death laws outline specific legal requirements for filing a claim.

Jersey’s statute of limitations emphasizes the importance of timely legal action, starting from the date of death or the date of discovery of negligence, to ensure the potential for compensation is not lost.

However, there are exceptions. If the wrongful death resulted from a criminal act, such as homicide, the statute of limitations may be extended.

In some situations, the clock doesn’t start ticking until the family discovers the negligence that caused the death—such as in cases involving medical errors that weren’t immediately obvious.

The New Jersey wrongful death statute includes unique cases like murder or manslaughter where there is no time limit for filing claims, provided certain conditions are met.

Wrongful death claims involving public entities, like a municipal hospital or government agency, may require a Notice of Claim to be filed within 90 days.

The legal timeline can be confusing—and waiting too long can cost you the chance to seek justice. At the Law Offices of Peter Briskin, P.C., we act quickly to preserve evidence, file the necessary paperwork, and protect your family’s right to compensation.

Legal Process And What to Expect

Filing a wrongful death claim in New Jersey can feel overwhelming, especially while you’re still grieving. Our firm is here to make the legal process as straightforward and supportive as possible by providing you with a qualified attorney.

Choosing the right law firm is crucial to ensure you receive the best possible representation and secure the compensation you deserve.

Here’s what you can expect:

0.5.1 Free Consultation: We offer a free consultation to discuss your wrongful death claim without any upfront fees. This initial meeting allows us to understand your case and provide you with the legal guidance needed to navigate this challenging time.

Free Case Evaluation

We begin with a no-obligation consultation to understand your situation, answer your questions, and explain whether you may have a valid wrongful death claim.

Investigation & Evidence Gathering

We conduct a thorough investigation into the circumstances of your loved one’s death. This includes collecting medical records, police reports, witness statements, and expert opinions. Our goal is to build a strong, fact-based case against the responsible parties.

Filing the Claim

We prepare and file all required documents with the court. This includes the wrongful death complaint and any related survival actions. We also ensure that any required notices—such as those involving public entities, are properly submitted.

Negotiation with Insurers

Most wrongful death cases involve dealing with large insurance companies. We handle all communication and negotiation, fighting to secure a settlement that reflects the full value of your loss. If the other side refuses to be fair, we’re ready to take the case to trial.

No Upfront Costs

We work on a contingency fee basis, which means you don’t pay anything out of pocket. We only get paid if we recover compensation for your family.

Whether your loved one passed away in a fatal accident on the Turnpike or due to a hospital’s mistake in Elizabeth, our legal team is prepared to walk with you through every step. Legal Process And What to Expect

Why Choose Our New Jersey Wrongful Death Attorneys

At the Law Offices of Peter Briskin, P.C., we understand that no two wrongful death cases are alike, and neither are the families behind them. For over 25 years, our team has helped grieving families across New Jersey navigate some of the most difficult chapters of their lives, including those involving personal injury claims.

Here’s why so many clients turn to us during times of loss:

Our firm has extensive experience handling cases involving a victim’s death, ensuring that families receive the compensation they deserve.

Our attorneys are skilled in representing the estate of a deceased person, seeking justice and compensation for both the survivors’ losses and the deceased person’s suffering prior to death.

Proven Results

We’ve recovered tens of millions of dollars in verdicts and settlements for accident victims and their families. Whether through strategic negotiation or aggressive litigation, we fight to hold negligent parties accountable.

Personalized Representation

You’re not just a case file. From the first call to the final resolution, we treat every client with the attention, respect, and empathy they deserve. We take the time to understand your loved one’s story—and what their loss means for your future.

Local Knowledge That Matters

With offices across New Jersey, including close to major court systems in Middlesex, Union, and Bergen Counties, we bring practical insight into how local judges, insurers, and juries operate. That local edge can make all the difference.

Full-Service Legal Support

We handle every part of the claim—from probate court filings to negotiations with insurance adjusters—so your family can focus on healing. We also work with top experts in economics, accident reconstruction, and medical care to present the strongest possible case.

No Fees Unless We Win

We believe everyone deserves quality legal help, regardless of their financial situation. That’s why we work on a contingency fee basis. You pay nothing upfront, and nothing at all unless we recover compensation for you.

Frequently Asked Questions

Do I have a wrongful death case?

If your loved one’s death was caused by someone else’s negligence, carelessness, or intentional act—and that death resulted in financial or emotional harm to surviving family members—you may have a valid wrongful death claim. The best way to know is to speak with an experienced attorney.

How long will the process take?

It depends on the complexity of the case. Some wrongful death claims settle in a few months, while others—especially those involving disputes or trials—can take a year or more. We keep you informed every step of the way and work to resolve your case as efficiently as possible.

What if the deceased was partially at fault?

New Jersey follows a comparative negligence rule. As long as your loved one was not more than 50% responsible for the accident, the estate may still recover compensation—though the total amount could be reduced based on their percentage of fault.

Who receives the compensation from a wrongful death lawsuit?

Compensation is distributed to surviving family members based on New Jersey’s intestate succession laws. Typically, spouses, children, and dependent parents are first in line. If no will exists, the probate court oversees the distribution.

Can I file a claim if there’s no will?

Yes. If the deceased didn’t leave a will, the court can appoint a personal representative (often a family member) to file the claim. Our firm can help you through the probate process if needed.

Contact Our Team

If you’ve lost a loved one due to someone else’s negligence, you don’t have to go through the legal process alone.

At the Law Offices of Peter Briskin, P.C., we’re here to guide you with care, strength, and experienced legal counsel. Let us help you hold the responsible parties accountable and pursue the financial compensation your family needs to move forward.

We offer free consultations and work on a contingency fee basis—you pay nothing unless we recover money for you.

Call us today at (908) 279-7979 or reach out online to schedule your consultation. We serve families across New Jersey, including Middlesex County, Union County, Bergen County, and surrounding communities.

We’re ready to stand with you—every step of the way.

Peter Briskin Lawyer

Education

Peter Briskin, Esq. received his BS in Finance from The College of New Jersey in 2002. Thereafter he completed his JD degree from Touro Law School in 2006.

Experience

He is admitted to practice in the State and Federal Courts of New York and New Jersey.

Practice Areas

Peter Briskin’s practice focuses on prosecution of personal injury matters including automobile/motorcycle accidents, slip/trip and fall accidents, dram shop act (bar liability), nursing home negligence and dog bite cases. Peter also represents individuals involved in divorce (incl. custody, support, alimony, maintenance) litigation, construction litigation matters, breach of contract and lemon law.

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