Losing a loved one due to someone else’s negligence is a heartbreaking experience no family should have to endure. While you and your family members may want to seek justice for your devastating loss, New Jersey law only allows the personal representative of the decedent’s estate to file a wrongful death claim. With an experienced and caring lawyer’s help, you can better understand your right to file a wrongful death claim and your legal options to pursue the compensation you and your family deserve.
Our personal injury attorneys at Mandelbaum Barrett PC understand the devastating emotional and financial impact of losing a loved one due to someone else’s negligence. With decades of experience representing families in wrongful death cases throughout New Jersey, we provide compassionate guidance through the complex legal process of pursuing justice and compensation for your losses. We work with you from the beginning, providing exceptional legal representation and personalized service so you can focus on what matters most.
Who Can File a Wrongful Death Claim in New Jersey?
When a loved one unexpectedly passes away due to a preventable accident another party caused, you may want to file a wrongful death claim to hold the at-fault party responsible for their carelessness. However, according to NJ Rev Stat § 2A:31-2 (2024), only the personal representative, also known as the executor or administrator, of the decedent’s estate can file.
If your deceased loved one did not have a will or did not name an executor in their will, the court will designate one who can file a wrongful death claim. If you’re the personal representative of your family member’s estate, we can help you gather evidence, such as medical records, police reports, and witness statements, to prove the liable party breached their duty of care and directly caused your the deceased’s passing and resulting damages. This guidance ensures your claim complies with state law and increases your chance of achieving full compensation.
Who Can Recover Damages for a New Jersey Wrongful Death Claim?
Only the personal representative of the decedent’s estate can file a wrongful death claim in New Jersey, but other surviving family members may recover damages. Per state law, these surviving family members may include the following:
- Spouses
- Children and grandchildren
- Parents
- Siblings
- Nieces and nephews
In general, surviving spouses, children and grandchildren recover damages first. If no surviving family members exist, surviving parents, siblings, nieces, and nephews may become eligible. Additionally, anyone financially dependent on the decedent may recover damages, but they must prove their dependence to receive compensation.
Our experienced attorneys understand how losing a loved one can affect every aspect of your life, so we fight tirelessly to build a strong claim that helps you recover damages for medical bills, funeral and burial expenses, loss of financial support, loss of companionship and other costs. We take a personalized and collaborative approach, tailoring our innovative strategies to your unique needs and guiding you through every step of the legal process to help. With this support, you don’t have to handle your claim alone and can better understand your rights.
Seek Justice for Your Family With the Trusted Wrongful Death Lawyers at Mandelbaum Barrett PC
Dealing with the complex wrongful death claim process after losing a loved one to someone else’s negligence can feel daunting. Supporting your family and being with family should be your top priority. At Mandelbaum Barrett PC, our personal injury attorneys walk alongside you through this difficult journey, drawing on our decades of New Jersey wrongful death case experience to help pursue fair compensation for you and your family. Our approach combines rigorous legal advocacy with genuine compassion for the profound loss you’ve experienced.
With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. This experience, combined with our commitment to justice and results, gives us a proven track record that gives you peace of mind and confidence in our attorneys. We also provide Spanish-speaking services, ensuring no guidance gets lost in translation. Contact us today at (973) 585-5100 or through our contact form for a FREE consultation about your wrongful death claim.