There are phone calls that divide life into before and after. If you are here because you lost someone you love and you believe the death may have been preventable, I am sorry.
A New Jersey Wrongful Death Lawyer can protect your family's rights, preserve critical evidence, and manage communications with insurers and defense attorneys so you are not navigating this alone. If you are unsure whether you have a wrongful death claim, a brief conversation is often enough to identify next steps and what information matters.
Preventable fatalities remain a serious issue in New Jersey. The New Jersey Office of the Attorney General reported preliminary data showing 647 fatal crashes in 2024 and 547 in 2025, a decline of roughly 15 percent year over year. The U.S. Bureau of Labor Statistics reported 81 fatal work injuries in New Jersey in 2023, along with 66,800 nonfatal workplace injuries and illnesses in private industry. These figures do not capture the personal loss, but they underscore a practical reality: insurers and responsible parties often respond with a strategy, and your family deserves one too.
Wrongful Death Claims in New Jersey
A wrongful death case is a civil claim brought when a death is caused by another person's negligence, recklessness, or wrongful conduct. It may arise from motor vehicle crashes, workplace or construction incidents, unsafe property conditions, dangerous products, medical negligence when supported by the facts and records, or nursing home neglect.
Most cases turn on whether the evidence shows a duty of care, a breach of that duty, and a direct link between the breach and the death, along with proof that surviving family members suffered financial losses as a result. A New Jersey wrongful death lawyer can evaluate liability, identify all potentially responsible parties, and move quickly to preserve evidence such as video footage, maintenance logs, driver data, phone records, and witness statements.
Who Can File and How Deadlines Work
In New Jersey, the lawsuit is typically filed by the executor named in a will or an administrator appointed by the court when there is no will. This person is the personal representative of the estate and brings the case on behalf of eligible family members who suffered financial loss.
If no one has been appointed yet, that does not end the claim. It may mean an estate step must be completed so the case is filed correctly. A wrongful death claims attorney can explain who should be appointed, what paperwork is required, and how to protect the case while those administrative details are handled.
Wrongful death matters are time-sensitive. In many situations, there is a two-year filing deadline running from the date of death, with limited exceptions. If you are unsure about timing, speak with counsel promptly.
Compensation and How Our Firm Helps
Wrongful death cases are about protecting the family left behind. In New Jersey, these claims commonly focus on the economic impact of the loss, such as lost financial support, loss of services, and funeral and burial expenses when recoverable. In appropriate cases, counsel may also evaluate a related claim under New Jersey's Survivor Act.
Our job is to bring structure to a chaotic time. We investigate liability, preserve evidence, manage insurer and defense communications, document damages, and negotiate firmly for a fair result. If litigation becomes necessary, we prepare the case accordingly. A new jersey wrongful death lawyer should be able to explain your options clearly, keep you informed, and reduce the pressure your family faces during the process.
Client Testimonial
"Vince and his staff were very professional. Listened to the needs of the client. Great results." – Glen Vandeventer
"If you are looking for a lawyer to represent you, look no further, you just found him- Carmine Villani from the firm Villani and DeLuca. While on vacation in New Jersey, I got into trouble, and I had no one to refer me to a good lawyer. So, I had to take it upon myself to find one. I called several firms before I called Villani and DeLuca, and I didn't feel at ease with any of them. After I read Carmine's reviews, I called his office. Ruby Goldberg, his paralegal answered the phone and she was so nice. She reassured me that Carmine will do his very best to protect me and did. After I spoke to her, she put a call out to Carmine and within 10 minutes, he called me as he was driving in his car . After I hystericaly explained my situation to him, he told me to relax . He gave me feedback on my situation, I thought to myself, - this is the lawyer I want - he knows the law! Also, Ruby is always so friendly and she will always keep you updated . Carmine has your best interest and is there for you. Although I live in New York, I always felt like I was in good hands, because I knew he was going to do whatever it takes to protect me, and he did. As I wrote in the first sentence, No need to look for a lawyer, you just found him!" – Marylou Cilurzo
"I use Mr. Hoffman for all my family matters. He is great!!!! I recommend him and his firm highly!!!" – Myriah Stanley
Frequently Asked Questions
1. What qualifies as a "wrongful death" under the law?
A wrongful death occurs when a person dies due to the "wrongful act, neglect, or default" of another party. Essentially, if the deceased person had been able to file a personal injury lawsuit had they survived the incident, their estate can likely pursue a wrongful death lawsuit. This applies to a wide range of situations, including motor vehicle accidents, medical malpractice, and defective products.
2. Who is allowed to file a wrongful death claim in New Jersey?
In New Jersey, the law is specific about who can initiate the legal process. A wrongful death claim must be filed by the "executor" or "administrator" of the deceased person's estate. While the lawsuit is filed by this representative, it is done on behalf of the surviving family members—typically the spouse, children, or parents—who suffered a financial loss due to the death. If you are unsure who the legal representative should be, a wrongful death attorney can help navigate the probate process to appoint one.
3. What is the difference between a wrongful death claim and a survival action?
These are two distinct legal actions that are often filed together:
-
Wrongful Death: Focuses on the losses suffered by the survivors (like lost financial support and funeral expenses).
-
Survival Action: Focuses on the losses suffered by the deceased person before they passed away, such as medical bills and conscious pain and suffering. As of 2026, New Jersey courts have placed a renewed emphasis on ensuring that these two claims are balanced to provide a complete picture of the family's total loss.
4. What kind of compensation can a family receive?
Historically, New Jersey law primarily focused on "pecuniary" or financial losses. However, the legal landscape has evolved to better recognize the true impact of grief. Today, a wrongful death lawsuit can seek compensation for:
-
Loss of financial support and future earnings.
-
Loss of household services (such as childcare or home maintenance).
-
Hospital and funeral expenses.
-
Loss of companionship, guidance, and parental counsel.
-
Under recent 2026 legal standards, juries are also given broader discretion to consider the emotional impact and "mental anguish" caused by the loss of a loved one.
5. Does a criminal case affect my ability to file a civil lawsuit?
No. A wrongful death claim is a civil matter, which is entirely separate from any criminal proceedings. Even if the person responsible was not charged with a crime—or was found "not guilty"—you can still pursue a civil lawsuit. The "burden of proof" is lower in civil court than in criminal court, meaning it may be easier to hold the negligent party accountable for financial damages.
Call an Experienced New Jersey Wrongful Death Lawyer to Discuss Your Case
If your family is dealing with a preventable loss, talk with a New Jersey wrongful death lawyer as soon as possible. Early action can affect evidence preservation, insurance coverage, and the overall strength of your case.
We offer a Free Consultation and we're available 24/7 to help you understand your options and next steps. When you call, we will listen to what happened, identify the most important facts and documents, and explain what to expect in the days ahead.
If you have materials such as a police report, incident report, claim letter, or medical paperwork, we can review them. If you do not have everything yet, that is completely normal. We can still advise you on what to request, what to preserve, and what to avoid, including recorded statements or quick settlements. Call Villani DeLuca P.C. at (732) 709-7757 today to schedule a free initial consultation.