Wrongful Death Attorneys Near You in New Jersey
Losing a loved one is devastating, especially when their death is caused by someone else’s negligence or wrongdoing. At Sarno da Costa D’Aniello Maceri Webb LLC, we provide compassionate legal support for families pursuing wrongful death claims in New Jersey. Our personal injury lawyers, led by Paul M. da Costa, are dedicated to helping you cope with your loss and find justice.
What is Wrongful Death in New Jersey?
When someone dies as the result of someone else’s carelessness, recklessness, neglect, or deliberate actions, it may be considered wrongful death in New Jersey. A wrongful death claim is a civil action that may be filed even when criminal charges are already pending. This type of claim enables the person’s surviving family members or estate to seek damages for the losses that result from their loved one’s death. Paul and our wrongful death attorneys help you pursue the damages you deserve while providing you with the closure of knowing justice has been served.
Types of Wrongful Death Cases in New Jersey
There are countless scenarios in which wrongful death can occur, including:
- Medical malpractice
- Motor vehicle accidents
- Premises liability cases involving lack of security to prevent crime
- Workplace injuries
- Product Liability
- Nursing home malpractice
- Defective Products
- Criminal acts such as assault or homicide
- Wrongdoing by law enforcement
Who Can File a Wrongful Death Claim in New Jersey?
In New Jersey, a wrongful death claim must be filed by the executor or personal representative of the deceased person’s estate.
Beneficiaries of a wrongful death claim usually include:
- The person’s spouse and children
- Parents (if there is no spouse or children)
- Siblings, nieces, or nephews
Understanding how wrongful death claims work in New Jersey can be daunting. Whether you’re a family member or the executor of an estate, Paul and our team can evaluate your case and advise you of your options for obtaining compensation.
Types of Wrongful Death Damages in New Jersey
Damages in a wrongful death lawsuit are intended to compensate surviving family members for their losses. Recoverable wrongful death damages in New Jersey include:
- Funeral and burial expenses
- Medical bills related to the fatal injury or illness
- Loss of future income and benefits
- Loss of services, care, and companionship
- Loss of guidance and support
- The economic value of household contributions
Under the New Jersey Wrongful Death Act, family members may not recover damages for their own emotional pain and suffering. However, a wrongful death lawyer can help you file a separate survival action for the conscious pain and suffering the deceased person suffered before their death. Paul and our team can help you pursue both types of claims if warranted.
Schedule a Free Consultation With a Wrongful Death Lawyer Near You in New Jersey
If you’ve lost a loved one due to another party’s negligence, the wrongful death lawyers at Sarno da Costa D’Aniello Maceri Webb LLC are here for you. Contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa. Our wrongful death attorneys serve clients in New Jersey in several convenient locations near you, including Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.
Frequently Asked Questions About Wrongful Death Cases
How long do I have to file a wrongful death lawsuit in New Jersey?
In New Jersey, a wrongful death lawsuit must be filed within two years of the date of death. Although there are exceptions to this rule, it’s vital to contact a wrongful death attorney as soon as possible so you don’t lose your right to recover damages.
How is a wrongful death settlement or award divided?
If the deceased person had a will, the settlement will likely be divided according to the terms of the will. If there is no will, proceeds are divided according to New Jersey’s laws of intestate succession. If beneficiaries disagree about the division of a wrongful death settlement, court intervention may be necessary.
Can I file a wrongful death claim if the responsible party has been criminally charged?
Yes. You can pursue a civil claim to recover compensation regardless of whether the at-fault party is charged or convicted of a crime.
What’s the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for their losses resulting from a loved one’s death. A survival action is brought to recover damages for the pain and suffering of the deceased before they passed away.
How much is my wrongful death case worth?
The value of a wrongful death claim depends on several factors, including the deceased person’s age, income, life expectancy, relationship to survivors, and the nature of the defendant’s conduct. Paul and his team have achieved significant seven- and eight-figure settlements and verdicts for clients in many types of personal injury cases.
How much does a wrongful death lawyer cost?
Our wrongful death lawyers work on a contingency fee basis. This means that you won’t incur up-front costs. Any fees we receive are deducted from your settlement or award if we win your case.
Why choose our New Jersey wrongful death attorneys?
Wrongful death cases are complex. Paul and members of his team are certified civil trial attorneys who know how to win cases both inside and outside the courtroom. Unfortunately, insurance companies often do everything they can to deny liability and pay as little as possible on wrongful death claims. Paul and his team know how to properly value your claim, investigate, collect vital evidence, and build compelling cases. We handle all negotiations with insurers and will not hesitate to take your case to trial if a reasonable settlement can’t be reached.
The National Law Journal selected Paul and his Medical Malpractice team as recipients of its prestigious 2022 Elite Trial Lawyers Awards in the medical malpractice category. In 2022, Paul was a finalist for New Jersey Law Journal Attorney of the Year.
In 2023, he was selected for the National Law Journal Trailblazers Plaintiff Lawyers. In 2024, he was included on the NJBIZ Law Power 50 list, which recognizes the most influential men and women leading New Jersey’s legal profession. Paul was also chosen for the New Jersey Super Lawyers Top 100 list from 2020 – 2024.
Paul his team have been recognized by The Best Lawyers in America® as Tier 1 Personal Injury – Plaintiffs and Tier 1 Medical Malpractice – Plaintiffs law firm in New Jersey for 2022 and 2024. This highly respected peer-review publication named Paul Lawyer of the Year for Personal Injury Litigation – Plaintiffs and Medical Malpractice – Plaintiffs for 2025.
In 2023, he was selected for the National Law Journal Trailblazers Plaintiff Lawyers.
Although no amount of money can bring a loved one back, pursuing justice with a wrongful death claim can bring accountability, closure, and financial security. Our wrongful death lawyers stand by your side with empathy and determination to help make things right for your loved one and your family.
