Losing a loved one is devastating. When that loss results from someone else’s negligence or wrongful actions, the pain compounds with questions about justice and financial security. At Brach Eichler Injury Lawyers, our New Jersey wrongful death lawyer team works tirelessly to help grieving families recover the compensation they deserve while holding negligent parties accountable.
With over 50 years of experience representing injury victims and their families, our firm has recovered more than $700 million for clients across all practice areas. We bring certified civil trial attorneys, proven multi-million dollar track records, and compassionate advocacy to every wrongful death case we handle. When you need a wrongful death lawyer in New Jersey, you need a firm that combines legal expertise with a genuine understanding of your loss.
Why Choose Brach Eichler Injury Lawyers for Your Wrongful Death Claim
When you choose Brach Eichler Injury Lawyers for your wrongful death case, you gain access to a firm with significant experience, proven results, and a genuine commitment to your family’s recovery.
Our Experience and Credentials
Our firm was established in 1967 and has spent over 50 years building a reputation for aggressive, effective representation of injury victims and their families. Edward P. Capozzi, our Founder and Chair of the Personal Injury Department, brings 20 years of trial experience to every case. He is a Certified Civil Trial Attorney recognized by the New Jersey Supreme Court, a Super Lawyer since 2013, and was named to Best Lawyers in America 2026 for Personal Injury Litigation. Edward was inducted into the New Jersey Law Journal Hall of Fame in 2014 and served as the 59th President of the New Jersey Association for Justice in 2020.
Alex S. Capozzi, our Partner, carries forward this tradition of excellence with 15 years of experience and his own impressive credentials. Alex is a Certified Civil Trial Attorney, a Super Lawyers Rising Star, and recognized as one of the National Trial Lawyers Top 40 Under 40. He achieved the 13th highest jury verdict in New Jersey in 2024 with a $2.75 million verdict in a premises liability case.
Our trial team includes multiple attorneys recognized by Best Lawyers: Ones to Watch in America, ensuring that your case receives attention from experienced, accomplished advocates.
Proven Results
Our firm has recovered more than $700 million for clients across all practice areas. We are lifetime members of the Multi-Million Dollar Advocates Forum, recognizing our consistent ability to achieve substantial recoveries. Our wrongful death experience includes a $2.15 million settlement for an employee killed by a defective elevator in Hudson County—demonstrating our ability to recover significant compensation in fatal accident cases.
Beyond wrongful death cases, our catastrophic injury experience shows our capability in the most serious cases. We secured a $21.8 million settlement for a child struck by a commercial vehicle, resulting in permanent traumatic brain injury. We recovered $7.225 million for a woman injured in a motor vehicle collision and $5.35 million for a pedestrian struck by a tractor-trailer. This track record of multi-million dollar recoveries reflects our trial strength and settlement negotiation skills.
Statewide Presence and Accessibility
With 10 office locations across New Jersey—including Roseland (our headquarters), Paramus, Jackson, New Brunswick, Jersey City, Clifton, Toms River, Newark, Elizabeth, and Trenton—we serve families throughout the state. This statewide presence means you can meet with our attorneys at a location convenient to you. We can handle cases in any New Jersey county.
No Upfront Fees
We represent wrongful death clients on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. This arrangement removes financial barriers to justice and aligns our interests with yours—we only succeed when you succeed.
Compassionate, Aggressive Advocacy
We understand that wrongful death cases involve significant grief and loss. Our attorneys approach every case with compassion for your family’s suffering and aggressive determination to hold negligent parties accountable. We listen carefully to your family’s story, understand the impact of your loss, and fight tirelessly to recover the compensation you deserve.
What Is Wrongful Death in New Jersey?
Wrongful death occurs when someone dies as a result of another person’s negligence, recklessness, or intentional wrongful act. Under New Jersey law, the death must be caused by conduct that would have given the deceased person a right to sue for personal injury if they had survived. The New Jersey Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.) and Survival Statute provide the legal framework for these claims.
It’s important to understand the distinction between wrongful death claims and survival claims. A wrongful death claim seeks compensation for losses suffered by the surviving family members—such as loss of financial support, companionship, and guidance. A survival claim seeks compensation for the pain and suffering the deceased person experienced between the injury and death, as well as medical and funeral expenses.
Elements of Negligence
To establish a wrongful death claim in New Jersey, your attorney must prove four essential elements of negligence:
- Duty: The defendant owed a legal duty of care to the deceased person
- Breach: The defendant breached that duty through negligent or wrongful conduct
- Causation: The defendant’s breach directly caused the death
- Damages: The surviving family members suffered quantifiable losses as a result
A personal representative of the deceased’s estate typically files the wrongful death claim on behalf of the family members who are entitled to recover damages. This representative is usually appointed by the court and acts in the best interests of all beneficiaries.
Types of Wrongful Death Cases We Handle
Wrongful death can result from many different circumstances. At Brach Eichler Injury Lawyers, we handle wrongful death claims arising from:
- Motor vehicle accidents – The most common cause of wrongful death, including car accidents, truck collisions, and hit-and-run incidents
- Workplace fatalities – Deaths resulting from unsafe working conditions, equipment failures, or employer negligence
- Medical malpractice – Deaths caused by surgical errors, misdiagnosis, medication mistakes, or failure to provide appropriate care
- Product liability – Deaths caused by defective or dangerous products, including defective machinery and unsafe consumer goods
- Premises liability – Deaths resulting from unsafe conditions on someone else’s property, inadequate security, or failure to maintain safe premises
- Elevator and escalator accidents – Deaths caused by mechanical failures or maintenance negligence (our firm recovered $2.15 million in a settlement for an employee killed by a defective elevator in Hudson County)
Each type of wrongful death case presents unique legal challenges. Our experienced trial attorneys have successfully handled wrongful death claims across all these categories.
Recoverable Damages in New Jersey Wrongful Death Claims
New Jersey law allows surviving family members to recover both economic and non-economic damages in wrongful death cases. Understanding what damages are available helps families appreciate the full scope of compensation they may receive.
Economic Damages represent measurable financial losses:
- Lost income and financial support the deceased would have provided
- Lost benefits, including health insurance and retirement contributions
- Reasonable medical expenses incurred before death
- Funeral and burial expenses
- Estate administration costs
Non-Economic Damages compensate for intangible losses:
- Loss of companionship and society
- Loss of parental guidance, instruction, and care
- Loss of household services that the deceased provided
- Loss of consortium (in cases involving spouses)
- Mental anguish and emotional suffering of surviving family members
It’s important to note what damages are not recoverable under New Jersey’s Wrongful Death Act. Damages for emotional pleasure or happiness are generally not recoverable. Additionally, punitive damages—which punish defendants for particularly egregious conduct—are typically not available in wrongful death claims under the Wrongful Death Act, though limited exceptions may apply in certain circumstances.
Our firm’s track record demonstrates our ability to recover substantial compensation for wrongful death families. We thoroughly document all losses and work with economic experts to calculate future lost income. We present compelling evidence of non-economic damages to juries and settlement negotiators.
Statute of Limitations for Wrongful Death in New Jersey
Time is critical in wrongful death cases. New Jersey law imposes a two-year statute of limitations for filing a wrongful death claim, measured from the date of the deceased person’s death. This means you have two years from the date of death to file a lawsuit, or your right to recover may be permanently lost.
This deadline is absolute and unforgiving. Courts will not extend it except in rare circumstances involving tolling provisions—such as when the deceased person was a minor or when the defendant fraudulently concealed their identity. Even then, tolling has strict requirements and limitations.
Beyond the legal deadline, there are practical reasons to act quickly:
- Evidence preservation – Memories fade, witnesses become difficult to locate, and physical evidence may be lost or destroyed
- Investigation – A thorough investigation requires time to gather medical records, accident reports, witness statements, and expert opinions
- Settlement negotiations – Early action demonstrates your commitment and allows time for meaningful settlement discussions
- Trial preparation – Complex wrongful death cases require extensive preparation, discovery, and expert analysis
Our attorneys understand the urgency of wrongful death cases. We move quickly to preserve evidence, investigate thoroughly, and protect your family’s rights. We handle all aspects of the case while you focus on grieving and supporting your family.
Frequently Asked Questions About Wrongful Death Claims
Who can file a wrongful death claim in New Jersey?
A wrongful death claim must be filed by the personal representative of the deceased person’s estate. This representative is typically appointed by the court and acts on behalf of all family members entitled to recover damages. Eligible beneficiaries generally include the spouse, children, parents, and other dependents of the deceased. The personal representative has a legal duty to pursue the claim in the best interests of all beneficiaries, even if their interests differ.
How long does a wrongful death case take?
The timeline for a wrongful death case varies significantly depending on the complexity of the case, the willingness of the defendant to settle, and whether the case proceeds to trial. Some cases settle within months of filing, while others may take several years to resolve. Settlement cases typically move faster than cases that go to trial, as they avoid the lengthy discovery process and trial preparation. Our attorneys work efficiently to move your case forward while ensuring we have time to thoroughly investigate, gather evidence, and build the strongest possible case for maximum recovery.
What evidence do we need to prove wrongful death?
Proving wrongful death requires establishing all four elements of negligence: duty, breach, causation, and damages. Evidence typically includes accident or incident reports, medical records documenting the cause of death, witness testimony, expert opinions on causation and damages, photographs or video of the accident scene, and documentation of the deceased’s income and family relationships. In medical malpractice wrongful death cases, we retain medical experts to establish that the defendant’s conduct fell below the standard of care. In motor vehicle cases, accident reconstruction experts may be necessary. Our attorneys work with experienced investigators and experts to gather and present compelling evidence.
Can we recover punitive damages in a New Jersey wrongful death case?
Punitive damages, which punish defendants for particularly egregious conduct, are generally not available under New Jersey’s Wrongful Death Act. The focus of wrongful death claims is on compensating the family for their losses, not punishing the defendant. However, punitive damages may be available through a separate survival action if the defendant’s conduct was intentional, wanton, willfully reckless, or malicious, and the decedent would have been entitled to punitive damages if they had survived.
In such cases, punitive damages are subject to a $350,000 cap or five times the compensatory damages awarded, whichever is greater. These damages go to the decedent’s estate rather than directly to wrongful death beneficiaries. Our attorneys evaluate whether punitive damages may be available through a survival action in your specific case.
What if the deceased was partially at fault?
New Jersey follows a comparative negligence rule, which means that even if the deceased person was partially responsible for the accident, your family may still recover damages, but the recovery will be reduced by the deceased’s percentage of fault. Our attorneys have extensive experience handling comparative negligence issues and presenting evidence that minimizes the deceased’s assigned fault while maximizing recovery for your family.
Contact Brach Eichler Injury Lawyers for Your Free Wrongful Death Consultation
The loss of a loved one is one of life’s most difficult experiences. When that loss results from someone else’s negligence, you deserve an attorney who understands your pain and fights aggressively for justice and accountability.
Brach Eichler Injury Lawyers has spent over 50 years helping New Jersey families recover from tragedy. Our certified trial attorneys, proven track record of multi-million dollar recoveries, and compassionate approach to client service set us apart. We handle every aspect of your wrongful death case, allowing you to focus on your family and healing.
Remember, you have only two years from the date of death to file a wrongful death claim. Don’t let this critical deadline pass. Contact our firm today for a free, confidential consultation to discuss your case and learn how we can help your family recover the compensation you deserve.
Call Brach Eichler Injury Lawyers at (973) 364-8300 or contact us online to schedule your free consultation. We serve families throughout New Jersey from our 10 office locations, and we’re ready to fight for your family’s justice and recovery.
We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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