A Roseland wrongful death lawyer can help you and your family seek compensation for the loss of your loved one if someone else’s actions caused their death. Our firm is recognized among New Jersey Super Lawyers, highlighting our credentials and reputation for excellence. Through a wrongful death lawsuit, you may be able to hold the at-fault party liable for the financial and emotional impact your loved one’s death has had on your family.

Contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free initial consultation with a New Jersey fatal accident attorney. During your initial consultation, we’ll review the details of your case, explain your options for seeking compensation, and walk you through the timeline of a wrongful death lawsuit so you know what to expect. We encourage you to contact us and seek legal advice from experienced New Jersey lawyers at our law offices in Roseland and York, where we are familiar with local laws and courts. You deserve compassionate representation and the support of a dedicated wrongful death attorney in Roseland who will fight for the justice and compensation your family needs.

What Is Wrongful Death?

NJ Revised Statutes Section 2A:31-1 defines wrongful death as a death caused by the wrongful act, neglect, or default of another person. This means wrongful deaths can occur in three main ways:

• First, they can occur due to intentional criminal acts, such as physical assaults, domestic violence, or murder.
• Second, they can occur due to accidents caused by another person’s negligent actions, such as a car accident caused by a distracted driver or a slip and fall caused by a wet floor in a store. Accidents occur frequently due to someone else’s negligence, including motor vehicle accidents, workplace accidents, and dog bites, all of which can result in serious injury or death.
• Third, they can occur due to a party’s failure to act, such as if nursing home staff fail to provide patients with the care they need during a medical emergency. Medical malpractice and negligence by medical providers are also common causes of wrongful death, where errors or substandard care can have fatal consequences.

Identifying the cause of your loved one’s wrongful death is the first step in holding the at-fault party liable for your losses. Establishing liability and identifying the responsible party is crucial in wrongful death claims, especially when the death results from a person’s negligent actions.

How Does a Wrongful Death Claim Differ From a Survival Action?

Wrongful death lawsuits aren’t the only legal actions that can arise after a death. Survival actions are another type of case that is often confused with wrongful death lawsuits, but play an essential and distinct role in securing compensation for surviving family members.

Survival actions are simply lawsuits your loved one would have been able to bring if they had not died. These legal actions “survive” the deceased and can be brought by the deceased’s estate. For example, a survival action could be a personal injury lawsuit connected to the event that caused your loved one’s death. Or it could be an unrelated lawsuit for which the deadline for filing hadn’t expired by the time of their death.

A key distinction is that survival actions allow the deceased’s estate to recover damages for the deceased’s conscious pain and suffering prior to death. While family members cannot recover damages for their own emotional pain in a wrongful death claim, a survival action can address the suffering and pain experienced by the deceased before passing away.

Through a wrongful death lawsuit, family members can recover compensation for the losses they experienced due to their loved one’s death. A survival action differs in that the compensation sought is for the losses the deceased experienced before their death, including pain and suffering. This compensation then goes to the deceased’s estate, which distributes it to their heirs.

It’s important to note that wrongful death lawsuits and survival actions are not mutually exclusive. Since they seek different types of compensation, many wrongful death cases involve both types of legal actions.

Who Can Recover Compensation Through a Wrongful Death Lawsuit?

Surviving family members of the deceased can recover compensation through a wrongful death lawsuit under NJ Revised Statutes Section 2A:31-4. According to this section, the family members who can receive compensation are the same ones who would be able to inherit the deceased’s estate under New Jersey’s intestate succession laws.

Family members who can recover include the deceased’s spouse, children, grandchildren, parents, siblings, and other dependents. However, family members must be able to show they suffered a loss due to the death. It’s often assumed that spouses, children, and parents suffered losses due to their loved one’s death, but grandchildren, siblings, and other dependents may have to provide additional evidence.

The amount of compensation each family member can receive also depends on the degree of their presumed loss. This typically means the spouse receives the highest portion of money, and family members with equal relation to the deceased receive equal portions. However, the courts will attempt to distribute the compensation in a fair and equitable manner. In a wrongful death settlement, the proceeds or settlements are divided among eligible family members according to their relationship to the deceased and the extent of their losses, sometimes requiring court approval to ensure fairness. Failing to act promptly or missing the filing deadline could cause family members to lose their right to compensation.

New Jersey’s Wrongful Death Statute of Limitations

NJ Revised Statutes Section 2A:31-3 provides a two-year period for filing a wrongful death lawsuit. This is the same time limit that personal injury lawsuits have, but differs in one key way. The deadline for filing a personal injury lawsuit begins on the date of injury, while the deadline for filing a wrongful death lawsuit begins on the date of death.

Since these dates may not be the same, the deadline for filing a wrongful death lawsuit and survival action arising from the same event can differ. The time limit for filing your wrongful death claim may also begin later if your loved one’s cause of death wasn’t immediately known. The best way to determine the exact time limit for filing your lawsuit is to work with an experienced accidental death attorney.

If you fail to file your wrongful death claim within this two-year period, the courts will dismiss any lawsuit you file after the period lapses.

How Can a Roseland Wrongful Death Attorney Help?

A wrongful death lawyer in Roseland can help by handling every step of your case for you so you can focus on grieving your loved one and supporting your family. Your lawyer will begin by investigating the incident to identify the at-fault parties and collect the evidence needed to hold them liable for your loss. Establishing liability and analyzing the defendant’s conduct are crucial steps in building a strong case and determining the value of your wrongful death claim.

They will then calculate your losses and submit a demand letter to the at-fault party and their insurance company. Then, they can file a lawsuit in the Essex County court. They’ll also negotiate with the at-fault party’s insurance company on your behalf, seeking a settlement that covers your losses. Your lawyer will work to recover damages for you and your family through settlements or, if necessary, by pursuing your case at trial.

If the insurance company refuses to offer a fair settlement, your lawyer can take your case to court and present the evidence they collected at trial.

Frequently Asked Questions

Below, we’ve answered some of the most frequently asked questions about Roseland wrongful death lawsuits.

Wrongful death claims are a distinct category of personal injury cases governed by New Jersey law. These laws set the standards for who can file a claim, the types of damages recoverable, and the procedures involved.

Economic losses in wrongful death cases can include lost wages, loss of future earnings, funeral expenses, and medical bills incurred as a result of the negligence.

How do I prove wrongful death?

Proving a wrongful death occurred in Roseland, NJ, involves gathering robust evidence connecting the at-fault party’s actions to your loved one’s death and demonstrating that you suffered losses as a result. Evidence that may play a pivotal role in your case includes:

• Accident scene photographs showing property hazards, damaged vehicles, and other details relevant to the case
• Traffic or security camera footage showing the incident that caused your loved one’s death or the events surrounding the incident
• Eyewitness statements that corroborate other types of evidence or identify the at-fault party
• Expert testimony, such as that of a medical professional, crash reconstruction specialist, or financial expert
• Your loved one’s medical records detailing the extent and severity of their injuries and the cause of their death

Part of your attorney’s job is to identify and gather this evidence. Attorneys have extensive experience gathering evidence. That means they can often obtain more evidence than you would be able to on your own.

What types of damages can I claim in a wrongful death case in Roseland?

You can claim economic damages through a Roseland wrongful death case. Economic damages refer to compensation for the tangible losses you experience because of your loved one’s death.

Examples of economic losses in wrongful death cases include:

• Your loved one’s income and work benefits, including health insurance
• The monetary value of the household services they would have provided
• Lost inheritance for their heirs

A wrongful death lawyer can calculate the extent of your economic losses. They’ll do so by using your loved one’s income statements and bills you had to pay for services they would have provided.

Non-economic damages are compensation for intangible losses. Those include the emotional distress you and your family members experience because of the loss of your loved one. These losses are not compensable in a wrongful death lawsuit in New Jersey.

Who can bring a wrongful death claim in Roseland?

Under NJ Revised Statutes Section 2A:31-2, the only person who can bring a wrongful death claim in Roseland is the administrator or executor of the deceased’s estate. If your loved one had a will that designated an administrator, that person can file the wrongful death lawsuit. If no will exists, the courts will appoint an administrator. That person can take the deceased’s estate through probate.

As the administrator is the only one who can bring a wrongful death lawsuit, similarly, they are also the only party who can file a survival action. However, they do so on behalf of the deceased’s estate. This differs from wrongful death claims, where surviving family members file on their behalf for compensable losses caused by the death.

Contact Our Wrongful Death Lawyers Serving Roseland

Did someone else’s actions contribute to your loved one’s death in Roseland, NJ? Contact us at (973) 364-8300 for a free consultation with an experienced wrongful death lawyer about your case. Our firm has recovered more than $535 million for our clients and their families. Brach Eichler Injury Lawyers is prepared to put our team of lawyers’ experience to work for you.

Written by: Brach Eichler Injury Lawyers Last Updated : June 30, 2025