If your loved one has died due to another’s actions, a wrongful death attorney in Newark from Brach Eichler Injury Lawyers can help you recover financial compensation for your losses. When a person dies, there is a ripple effect. This tragedy can devastate a family, leaving a profound emotional impact on everyone involved. They might leave behind a family member who was financially dependent on them, as well as other survivors and dependents who suddenly lack a regular income or financial stability. The survivors may also suffer immense anguish and pain, both emotionally and financially, from unjustly losing someone close to them.

We understand these challenges and are here to help families through this difficult time. Our experienced team of Newark wrongful death lawyers at Brach Eichler Injury Lawyers, a trusted law firm, has recovered over $500 million for our clients, including several multi-million dollar settlements for wrongful death claims in Newark and New Jersey. We are committed to seeking justice and holding those responsible accountable for your loss. By allowing our experienced Newark wrongful death attorneys to handle the legal process on your behalf, you can spend time grieving and supporting your loved ones while we advocate for your rights.

Contact us online or call (973) 364-8300 today to speak to wrongful death lawyers and schedule a free consultation. Let our law firm act on your behalf to help you pursue the compensation and justice your family deserves.

What Is a Wrongful Death Claim?

New Jersey law defines wrongful death as any death that occurs due to a wrongful act, neglect, default, negligence, or someone else’s negligence (NJRS 2A-31-1). This definition includes deaths that are the result of negligent behavior, such as when fatal accidents or other accidents occur, as well as intentional actions, like assault and murder.

A wrongful death claim serves to compensate the deceased’s dependents for any losses they suffered due to death. It is important to determine who is responsible for the wrongful death to ensure justice and proper compensation. Many survivors and dependents might lose an important source of income and stability when someone dies, especially if the deceased was the primary income earner of the household. These losses occurred as a result of the wrongful death.

Wrongful Death vs. Homicide

A wrongful death claim is different from a homicide case in two key ways: First, wrongful death cases are civil claims, whereas homicide is a criminal matter. A wrongful death action is the civil legal process for seeking damages after a person’s death caused by another’s negligence or misconduct, and it allows certain survivors to file a claim under New Jersey law. Wrongful death claims involve the at-fault party paying financial compensation to the deceased’s survivors. Homicide cases result in criminal charges and sentences, like prison time.

Second, the burden of proof in wrongful death claims is different than in homicide cases. In a wrongful death claim, the petitioner must only show it was more likely than not that the at-fault party caused the death. In a criminal homicide case, the prosecution must prove beyond a reasonable doubt the accused committed the crime. A wrongful death case and a criminal homicide trial could arise from the same event, which could lengthen the timelines for a wrongful death civil claim.

Who Can File a Wrongful Death Claim in Newark?

In New Jersey, only the personal representative or executor of the deceased’s estate can file a wrongful death lawsuit (NJRS 2A: 31-2) on behalf of the deceased person’s estate. The deceased’s will usually appoints a personal representative. Often, this person is the deceased’s spouse, children, surviving spouse, or deceased’s parents, but familial relation is not required. If the deceased had no will naming a personal representative, the state can name one.

The people entitled to receive compensation from a wrongful death suit are those who would inherit the deceased person’s property under New Jersey’s intestate laws (NJRS 2A: 31-4).

Common Causes of Wrongful Death in Newark

A wrongful death lawsuit can be initiated in virtually any instance where one person dies due to another party’s negligent or intentional wrongdoing. Fatal accidents are a common cause of wrongful death cases in Newark. This could include a wide range of accidents in Newark, including:

• Motor vehicle accidents (e.g., car, truck, and motorcycle collisions)
• Pedestrian accidents
• Intentional acts (e.g., assault & battery, murder)
• Defective products
• Premises liability accidents (e.g., slip and falls)
• Work injuries (e.g., construction or manufacturing accidents)
• Medical malpractice
• Nursing home neglect
• Long-term toxic exposure

Wrongful Death Compensation and Emotional Distress Claims

It is important to note that New Jersey’s wrongful death law does not provide that the deceased’s survivors can recover money for emotional suffering and anguish. They can only recover money for explicit losses they suffered due to the death, such as medical expenses, medical bills, and lost work income. The goal of a wrongful death claim is to obtain compensation and ensure rightful compensation for survivors, covering all financial losses resulting from the incident.

However, you may be able to recover money for pain, suffering, and emotional distress through an emotional distress claim. The financial burden that wrongful death imposes on families can be significant, making it important to pursue all available legal remedies. If you or one of your family members witnessed the death of the deceased via accident or intentional act, you could file an emotional distress claim against the at-fault party. This claim would be in addition to any wrongful death claim one might bring for pecuniary damages.

Wrongful Death vs. Survival Action Claims in New Jersey: What’s the Difference?

In addition to wrongful death claims, New Jersey also allows survival actions. A survival action is similar to a wrongful death claim in that it can be brought when someone dies due to wrongful or intentional acts. Wrongful death claims serve to reimburse the deceased’s surviving dependents. In contrast, survival action claims reimburse the deceased’s estate.

A survival action claim is like a personal injury claim the deceased would have brought if they were still alive. The claim can reimburse the deceased’s estate for losses that accrued while the decedent was still alive, such as medical care, lost wages, and other debts. It can also pay for any pain and suffering the deceased experienced before they died. Similar to a wrongful death claim, only the deceased’s personal representative can file a survival action claim.

This difference means that one can pursue both wrongful death actions and survival action claims at the same time under jersey laws in New Jersey. Indeed, making both types of claims is often the optimal strategy when trying to recover the maximum compensation after a loved one’s death. A Newark wrongful death attorney from firm-name can help you explore options for filing both wrongful death and survival action claims.

Why Choose Brach Eichler Injury Lawyers for Wrongful Death Representation?

The death of a loved one is possibly the single most difficult thing someone can experience and has the potential to drastically alter the surviving family members’ lives. Moreover, pursuing a financial settlement is rarely straightforward and could require several months or more than a year of investigation, negotiation, and litigation. In the meantime, bills can pile up, making the stress seem insurmountable.

Brach Eichler Injury Lawyers understands these challenges unique to wrongful death claims and can work to alleviate the burdens of pursuing a claim. We will take care of every legal detail and prepare a robust case that will give you a strong chance of securing the compensation you deserve. We have decades of experience working with victims of loss and will do everything in our power to bring you closure and finality with a wrongful death claim.

Frequently Asked Questions

If you have any other specific questions about New Jersey’s wrongful death laws or wrongful death damages, contact our Newark offices.

How Can a Wrongful Death Lawyer in Newark Help Me Prove Someone Else Is at Fault for My Loved One’s Death?

A wrongful death attorney can perform an exhaustive investigation of the accident scene and gather evidence proving the at-fault party is liable for your loved one’s death. In addition to gathering evidence, your attorney will build a compelling narrative that clearly links the death of your loved one and your losses to the liable party’s actions. If the insurance company tries to deny or shift blame, an attorney can negotiate and put pressure on them to honor their payment obligations.

What Types of Compensation Can I Claim in a Wrongful Death Case in Newark?

You can recover any financial losses you have suffered due to the death of your loved one. For instance, you can recover money for your loved one’s medical bills, funeral expenses, and lost income.

How Long Do I Have to File a Wrongful Death Claim in Newark, and How Can a Lawyer Help With the Process?

The statute of limitations on wrongful death claims in Newark allows the personal representative two years from the date of death to file suit against the at-fault party (NJRS 2A:31-3). Note that the time limit starts from the date of death, which may be a different date from the accident that resulted in the death.

What Is the Settlement Allocation in a Wrongful Death Claim?

NJRS 2A:31-4 establishes that the money from a wrongful death claim goes to the people entitled to inherit the deceased’s property under intestate succession law. Typically, the money goes to the deceased’s spouse if they shared children. If the deceased had children they didn’t share with the spouse, the spouse gets a percentage and the deceased’s children get a percentage. If the deceased has no spouse or children, the money goes to their parents or siblings.

Contact a Wrongful Death Attorney in Newark Today

Brach Eichler Injury Lawyers will stand up for your rights and provide compassionate support while pursuing compensation for the loss of your loved one. Nothing our law firm can do can reverse the pain of loss, but we can help you establish a firm financial foothold as you work through this difficult transition. We have decades of experience managing wrongful death claims for Newark residents and will utilize every available strategy and legal process to recover what you need to heal and rebuild.

Contact us online or call (973) 364-8300. We are available 24/7, so our team of attorneys can schedule a free, no-obligation consultation with a Newark wrongful death lawyer whenever is convenient for you.

Written by: Brach Eichler Injury Lawyers Last Updated : July 2, 2025