Losing a loved one is one of life’s most devastating experiences, especially when the loss was entirely preventable. If someone else’s negligent or reckless actions caused the death of your family member, you may be entitled to file a wrongful death claim in New Jersey. These civil actions not only hold the at-fault party accountable but also provide financial relief to the surviving family members.
At Mallon and Tranger, our compassionate and experienced New Jersey wrongful death attorneys are here to support you through every step of the legal process. We understand the emotional toll these cases take and are committed to seeking justice for your loss with dignity and determination.
In New Jersey, wrongful death is legally defined under N.J. Stat. § 2A:31-1, which states that when a person’s death is caused by a “wrongful act, neglect, or default” of another party and that person would have been able to file a personal injury lawsuit had they survived, a wrongful death action may be brought on their behalf. These civil claims are separate from any criminal charges that may also be filed for the incident.
At its core, a wrongful death case seeks to answer one central question: Would the deceased have had a viable personal injury claim if they had lived? If the answer is yes, the survivors may pursue compensation.
Wrongful death claims can arise in a variety of contexts, whether the death was the result of carelessness, recklessness, medical error, or even an intentional act. Unlike other types of fatalities, wrongful death cases are distinguishable by the fact that the loss could have been prevented if the responsible party had acted reasonably under the circumstances.
To establish a successful wrongful death claim in New Jersey, the plaintiff must generally demonstrate:
At Mallon and Tranger, our attorneys are well-versed in the nuances of New Jersey’s wrongful death laws and are committed to building strong cases that hold negligent parties fully accountable for their actions.
Wrongful death claims arise when the careless or reckless actions of another result in a preventable fatality. At Mallon and Tranger, we help grieving families across New Jersey seek justice and accountability after the tragic loss of a loved one. These claims not only address the financial hardships caused by a death but also recognize the emotional toll survivors must endure. Below are some of the most common causes of wrongful death cases we handle:
Fatal car accidents remain one of the leading causes of wrongful death in New Jersey. Despite advancements in vehicle safety, lives are still lost every day due to:
Our legal team conducts comprehensive investigations into the cause of the crash, identifies all potentially liable parties, including other drivers, manufacturers, or government entities, and seeks full compensation for the surviving family.
Motorcyclists are particularly vulnerable on New Jersey roads, and unfortunately, many fatal accidents involving motorcycles stem from the negligence of other drivers. Wrongful death claims involving motorcycles often include:
We advocate for families who have lost loved ones in motorcycle crashes, ensuring that negligent drivers, manufacturers, or other parties are held responsible.
Accidents involving commercial trucks and tractor-trailers frequently lead to devastating consequences due to the massive size and weight disparity between trucks and passenger vehicles. Wrongful death in trucking cases may result from:
At Mallon and Tranger, we handle complex wrongful death claims involving multiple parties, including drivers, employers, and vehicle manufacturers, to ensure every avenue of liability is pursued.
When a pedestrian is struck by a vehicle, the chances of survival are slim, particularly in high-speed zones or areas without adequate crosswalks or lighting. Fatal pedestrian accidents often result from:
We represent the families of pedestrians who were killed by negligent drivers, working to obtain compensation for their loss and advocating for safer streets.
Driving under the influence remains one of the most reckless and preventable causes of traffic fatalities in New Jersey. A wrongful death caused by drunk driving may involve:
Our firm takes a firm stance against drunk driving and seeks both compensatory and, when appropriate, punitive damages to hold intoxicated drivers fully accountable for their actions.
Construction sites are inherently dangerous, and when safety protocols are ignored or equipment fails, the consequences can be fatal. Wrongful death claims arising from construction accidents may involve:
While workers’ compensation may provide some benefits to surviving family members, our attorneys evaluate whether a third-party lawsuit can help maximize the recovery, especially in cases involving gross negligence or defective products.
Each wrongful death case is deeply personal and requires a strategic legal approach, careful investigation, and compassionate representation. At Mallon and Tranger, we are committed to helping families throughout New Jersey find justice and financial stability after a tragic and avoidable loss. Your loved one’s legacy matters, and we are here to help you protect it.
Not everyone is legally permitted to bring a wrongful death lawsuit in New Jersey. According to state law, the executor or personal representative of the deceased person’s estate must file the claim. If the decedent did not have a will or estate plan, the court may appoint someone to serve in that role.
The compensation awarded in a wrongful death case is distributed to the surviving family members who were financially dependent on the decedent, such as:
New Jersey’s wrongful death statute does not allow for damages based on emotional distress alone unless accompanied by an eligible survivor’s action or a negligent infliction of emotional distress claim.
Related: Who can file a wrongful death lawsuit in New Jersey?
Because the rules surrounding eligibility and distribution can be complex, working with a knowledgeable wrongful death attorney is essential to protect your rights and ensure your family is properly compensated.
Wrongful death cases are emotionally and legally challenging. At a time when you’re grieving, you shouldn’t have to manage legal paperwork, deal with insurance companies, or investigate the circumstances of your loved one’s death.
The wrongful death attorneys at Mallon and Tranger are here to ease your burden and handle every aspect of your claim, including:
We are not only your legal advocates; we are also your support system during one of the most difficult times in your life. Our goal is to pursue full justice for your family while you focus on healing.
Wrongful death claims are meant to compensate surviving family members for the economic and practical support they have lost as a result of the death. In New Jersey, potential damages may include:
In some cases, if the deceased lived for a period after the injury before succumbing to it, a survival action may also be filed to seek compensation for:
Although New Jersey does not allow punitive damages in wrongful death claims, they may be available through other related civil actions, depending on the conduct involved.
Our attorneys will evaluate every potential avenue of recovery and work to maximize the compensation your family receives because no one should endure financial strain while grieving a loved one.
If you’ve lost a loved one due to someone else’s actions, you deserve answers and justice. Contact Mallon and Tranger today for a compassionate and thorough consultation with a seasoned New Jersey wrongful death lawyer. Let us help you hold the responsible parties accountable and protect your family’s future.
Few things in life are as devastating as losing a beloved spouse or family member. When someone is killed due to another person’s negligence, it can be unbearable, and money certainly can’t replace a loved one. No matter how much compensation you receive, it will never come close to making you whole again. What compensation can do for you is help ease the financial burdens caused by a wrongful death. At Mallon and Tranger, we seek justice on your behalf when a family member has been taken away by a senseless act or accident.
In New Jersey, family members have legal standing to file a lawsuit when a spouse, parent, sibling, or other family member has been killed due to a person’s or an entity’s negligence, recklessness or criminal act.
The New Jersey Wrongful Death Act gives relatives who depended on the deceased individual for support a right to file a claim for damages. In most cases, the law compensates survivors for the financial support they would have received had the deceased lived a normal life.
Wrongful deaths happen in many different ways. In some cases, a person takes the life of another through murder or during the commission of another crime.
The law gives surviving family members the right to file a civil case, even when the criminal matter is still pending. In most cases, wrongful deaths are the result of negligence or carelessness.
Our legal team has helped families obtain compensation and justice in a wide range of wrongful death and personal injury cases. Some additional areas in which we are able to offer our expertise include:
When people act negligently, they usually don’t intend to take a life. But when their bad choices end up depriving someone of a future, they should be held accountable for their actions. We stand strongly by that statement and use every resource to make sure families get peace of mind after the loss of a loved one.
If you have lost someone in a wrongful death case, it’s important to speak to an experienced wrongful death lawyer in NJ as soon as possible. These are complicated cases that should not be entrusted to just any lawyer.
You want to make sure the attorney you choose has the experience and resources to make sure your case results in the best outcome possible. Our legal team has more than just know-how at our disposal. We have decades of experience and an impressive track record of results behind our name.
Our lawyers are known for tenacious advocacy, both in and out of the courtroom. We leave no stone unturned when it comes to pursuing justice for our clients. We have helped families obtain compensation for loss of financial support and companionship, the value of household services, and the loss of guidance and emotional support. We also regularly win damages for funeral costs, medical bills, and loss of spousal services.
If you have lost a loved one, then you need more than just a law firm. You need a legal team ready to support you through a difficult and emotional time. When you’re reeling from a death, the last thing you want to think about is fighting a difficult legal battle. Fortunately, you don’t have to bear that burden alone. Our team is prepared to give you a firm shoulder to lean on at every stage of your case. Call us today or connect with us online to discuss your case and learn more about our compassionate approach to personal injury and wrongful death.
Families in Freehold and Point Pleasant must be aware that New Jersey imposes a strict two-year statute of limitations on most wrongful death claims. This means that a lawsuit must generally be filed within two years of the date of death. Missing this deadline usually results in losing the right to compensation. Working with an experienced attorney ensures your claim is filed on time and handled correctly.
Yes, several family members may share in the recovery from a wrongful death claim in New Jersey, but the distribution depends on financial dependency. Typically, surviving spouses, children, and sometimes parents may recover damages. In communities like Freehold and Point Pleasant, our attorneys carefully document each family member’s losses, including financial support, companionship, and services provided by the deceased, to maximize the fairness of the recovery.
A wrongful death claim seeks financial losses suffered by family members due to the death. A survival action belongs to the estate and seeks damages the decedent could have claimed if they had lived. The two actions can proceed together but address different categories of harm. Evidence of the decedent’s conscious pain and suffering is relevant to the survival action. Evidence of financial support and services is key to wrongful death damages. Coordinating both claims can maximize the total recovery for the family.
Distribution follows New Jersey law and typically reflects each person’s financial dependence on the decedent. Courts may approve allocations to ensure fairness and protect minors. An appointed representative usually handles the estate portions. Spouses, children, and sometimes parents may share, depending on dependency proofs. Detailed affidavits and financial records help justify proposed splits. Clear documentation reduces disputes and speeds court approval.
Yes, the civil case can proceed independently of criminal charges. Different burdens of proof apply, and you do not need a conviction to recover. Early civil discovery helps preserve evidence that might otherwise be lost. Your attorney can coordinate with prosecutors to avoid interference. Protective orders can balance privacy with the need for information. Moving forward civilly protects your family’s rights while the criminal process unfolds.
Prompt action is critical when dealing with a wrongful death in New Jersey. Evidence such as accident reports, surveillance footage, and witness statements can quickly disappear. In Freehold and Point Pleasant, we step in right away to secure and preserve crucial evidence while handling communications with insurance companies. If your family is facing this devastating situation, please reach out to us today so we can begin protecting your rights and pursuing the compensation you deserve.
