New Jersey Wrongful Death Lawyer

New Jersey Wrongful Death Attorneys

At Varcadipane & Pinnisi, P.C., our compassionate New Jersey wrongful death lawyers are dedicated to seeking full compensation for family members who have lost a loved one as a result of the negligent, intentional, or careless wrongful acts of another. We represent clients who have lost loved ones from:

Motor vehicle accidents
Medical negligence
On-the-job accidents
Daycare abuse and neglect
Nursing home abuse and neglect
Railroad accidents
Pedestrian
Bicycle accidents
Accidents and deaths caused by asbestos and other hazardous products

We know how devastating it is to lose a loved one. When their death could have been prevented, it could have made the devastation that much worse. You deserve justice and compensation.

Table Of Content

What is a Wrongful Death in New Jersey?
Negligence in Wrongful Death Claims
Survival Actions vs. Wrongful Death in New Jersey
Who Can Bring a New Jersey Wrongful Death Claim?
Statute of Limitations in New Jersey
Why Should You Hire a NJ Wrongful Death Attorney?
Seek an Experienced New Jersey Attorney

What is a Wrongful Death in New Jersey?

A wrongful death claim arises from another party’s negligence or intentional act, just like a personal injury claim. However, in a wrongful death claim, the decedent isn’t here to file a personal injury claim. As such, the law allows for a personal representative to file a wrongful death claim in their absence seeking compensation for the damages resulting from their death. Basically, a wrongful death lawsuit can be pursued if the victim– could have pursued a personal injury lawsuit against another party if they had not died.

New Jersey wrongful death lawyer

Examples of potential wrongful death claims include:

A property owner failed to put up a fence around their pool, resulting in a neighbor child’s drowning
A company fails to warn of the risks of using its product, such as a pesticide or medication, leading to cancer
A driver failing to operate their motor vehicle while sober, causing a fatal accident
A hotel failing to conduct background checks of their potential employees, allowing a deadly assault
A property owner fails to repair or fix a dangerous condition, causing a fatal slip and fall
An automaker failing to make safe vehicles or failing to recall defective vehicles, resulting in a deadly motor vehicle crash

Negligence in Wrongful Death Claims

Like a personal injury lawsuit, a wrongful death claim requires the person bringing the lawsuit to prove the at-fault party’s negligence. To have a successful wrongful death claim, the four elements of negligence must be shown:

Duty – The other party owed the victim a duty of care. For example, they were obliged to drive as a reasonable, prudent driver and avoid placing other motorists and their passengers at risk of severe or fatal injury.
Breach – The party breached or violated the duty owed to the victim. Perhaps they were speeding on an icy roadway or were driving while impaired or distracted by a cell phone.
Causation – The party’s negligent (or intentional) actions were the direct cause of the victim’s death. If it weren’t for the party’s careless driving, the victim would not have been fatally injured.
Damages – Due to the party’s actions and their loved one’s death, those eligible to recover under the New Jersey Wrongful Death Act have suffered actual monetary losses.

Survival Actions vs. Wrongful Death in New Jersey

In New Jersey, two legal avenues are available for pursuing a claim after losing a loved one: survival actions and wrongful death claims.

Survival actions are brought on behalf of the deceased person’s estate and seek to recover damages for the pain and suffering the deceased experienced before their death. These damages may include:

Medical expenses
Lost wages
Any other losses incurred as a result of the accident or incident that led to their untimely death.

Survival actions essentially allow the estate to seek compensation that the deceased person would have been entitled to if they had survived.

On the other hand, wrongful death claims are brought by the surviving family members of the deceased to seek compensation for their own losses. These losses may include:

Loss of financial support
Loss of consortium
Emotional pain and suffering of family members.

Wrongful death claims aim to provide solace and financial support to the family members left behind due to the wrongful actions of another.

Understanding the differences between these two legal avenues is crucial to ensure that you pursue the appropriate claim and maximize your chances of obtaining fair and just compensation for your losses.

At Varcadipane & Pinnisi, P.C., our team of dedicated wrongful death attorneys has knowledge and experience in handling both survival actions and wrongful death claims in New Jersey.

Who Can Bring a New Jersey Wrongful Death Claim?

A New Jersey wrongful death claim must be filed by a personal representative of the decedent’s eligible survivors. The representative is frequently the executor named in the decedent’s will. Suppose there was no will, which is unfortunately common. In that case, the representative will be the individual the probate court appoints to serve as the administrator of the decedent’s estate.

The representative, usually through a New Jersey wrongful death lawyer, files the lawsuit on behalf of surviving family members entitled to inherit from the victim through New Jersey’s intestacy laws. Those family members can include:

The victim’s living spouse and children
If there is no living spouse and children, then the victim’s parents, if they are alive
If there are no surviving parents, then the victim’s surviving brothers, sisters, nieces, or nephews

Statute of Limitations in New Jersey

In the state of New Jersey, there is a specific time frame known as the “statute of limitations” within which you must file a wrongful death claim.

The statute of limitations for wrongful death cases in New Jersey is generally two years from the date of the individual’s passing. This means that you have two years from the time of your loved one’s death to initiate legal action against the responsible party. You must stay aware of this timeline, as failure to file within the statute of limitations can result in the loss of your right to seek compensation.

Are You Inside of the Time Frame to File a Lawsuit in NJ?

The statute of limitations for your personal injury case is 2 years. Exceeding it can severely limit or completely invalidate your legal options for seeking compensation. Act swiftly to ensure your rights are preserved and explore your legal recourse before time runs out, otherwise, the likelihood of pursuing your case successfully may diminish considerably. However, if your claim is against a public entity, your timeframe can be significantly shorter.

However, there are certain circumstances that may affect the statute of limitations in wrongful death cases. For example, if the death was the result of medical malpractice, the statute of limitations may be extended to two years from the discovery of the malpractice, but in no event can it be extended beyond seven years from the date of the incident.

If you have lost a loved one due to wrongful death, don’t wait to seek legal counsel. Contact a trusted New Jersey attorney today to discuss your case and understand the options available to you. We can provide the compassionate support and expert guidance you need during this challenging time.

Why Should You Hire a NJ Wrongful Death Attorney?

A wrongful death attorney has the experience necessary to navigate the complex world of wrongful death law. Laws surrounding wrongful death claims can vary from state to state, and understanding the specific laws in New Jersey is crucial to building a strong case.

Additionally, a wrongful death attorney can handle all the legal aspects of your case, allowing you to focus on healing and grieving. Dealing with legal matters while grieving the loss of a loved one is an incredibly difficult task, and having a compassionate and experienced attorney by your side can alleviate some of the stress and burden. They can handle all the paperwork, communicate with insurance companies and opposing parties, and build a strong case on your behalf.

Our wrongful death attorneys will fight tirelessly to ensure that you receive the compensation you deserve. While no amount of money can bring back your loved one, financial compensation can help ease the financial burden that often accompanies such a loss. Your attorney will carefully evaluate all aspects of your case, including medical expenses, funeral costs, lost wages, and emotional trauma, to determine the appropriate amount of compensation to seek.

Seek an Experienced New Jersey Attorney

Suppose you’ve lost a loved one in New Jersey or New York due to the negligent actions of another person. In that case, you can count on a certified trial attorney at Varcadipane & Pinnisi, P.C., to be here for you. Call us at 800-616-2916 or contact us online to schedule a complimentary consultation with a skilled New Jersey wrongful death lawyer.

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What kind of damages can I recover from a wrongful death claim?

When filing a wrongful death claim, you may be eligible to recover various types of damages. These damages can include:

Economic damages: These damages compensate for the financial contributions the deceased person would have made to the family. This may include loss of income, medical expenses, funeral costs, and future financial support.
Non-economic damages: These damages provide compensation for the emotional and psychological impact of losing a loved one. They encompass pain and suffering, loss of companionship, and loss of guidance or consortium.
Punitive damages: In some cases, if the defendant’s actions were particularly egregious, punitive damages may be awarded. These damages are meant to punish the responsible party and deter similar conduct in the future.

How much may a wrongful death case be worth?

The value of a wrongful death case can vary greatly depending on several factors. Some of these factors include:

The age and earning capacity of the deceased person: The younger the individual and the higher their potential earnings, the greater the potential value of the case.
The extent of financial dependence on the deceased: If the deceased person was the primary breadwinner or provided significant financial support, it can significantly impact the value of the case.
The circumstances surrounding the death: The nature and severity of the actions that caused the death can also affect the potential value of the case. Cases involving gross negligence or intentional misconduct may result in higher settlements or verdicts.

What things should I consider for a wrongful death case?

When pursuing a wrongful death case, here are some crucial factors to consider:

Statute of limitations: In New Jersey, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. Failing to file within this timeframe may result in losing your right to seek compensation.
Gathering evidence: Collect as much evidence as possible to strengthen your case. This may include police reports, witness statements, medical records, and any other documentation related to the incident.
Hiring a skilled wrongful death lawyer: A knowledgeable wrongful death attorney can guide you through the legal process and advocate for your rights. They will have the expertise to gather evidence, assess damages, negotiate with insurance companies, and navigate the court system if necessary.
Managing communication: Be cautious with what you say to insurance adjusters or the opposing party’s representatives. It’s best to let your attorney handle all communication to avoid any potential misinterpretation or statements that may harm your case.

Is wrongful death the same as negligence?

While negligence can be a factor in a wrongful death claim, they are not the same legal concept. Wrongful death refers to a specific type of lawsuit filed by the surviving family members of someone who has passed away due to another individual or entity’s actions, whether intentional or unintentional.

Negligence, on the other hand, refers to a failure to act with reasonable care, resulting in harm or injury to another person. It is an element that may be considered when determining liability in a wrongful death case but is not synonymous with the claim itself.

How do you choose the right wrongful death lawyer?

Choosing the right wrongful death lawyer is crucial to maximize your chances of a successful outcome. Here are some factors to consider when making your decision:

Experience: Look for an attorney who has extensive experience handling wrongful death cases. They should have a track record of achieving favorable results for their clients.
Reputation: Read reviews and testimonials from past clients to gauge the lawyer’s reputation. A reputable attorney will have positive feedback and a strong presence within the legal community.
Compassion and empathy: Losing a loved one is an emotional experience, and your attorney should empathize with your situation and genuinely care about your well-being.

Check our wrongful death lawyers of Varcadipane & Pinnisi, P.C.

From The Blog

September 12, 2024

New Jersey Wrongful Death Lawyer

New Jersey Wrongful Death Attorneys

Table Of Content

What is a Wrongful Death in New Jersey?

Related Practice Areas

Personal Injury Lawyer

Car Accident Lawyer

Slip and Fall Accident Lawyer

Wrongful Death Lawyers

Negligence in Wrongful Death Claims

Survival Actions vs. Wrongful Death in New Jersey

Who Can Bring a New Jersey Wrongful Death Claim?

Statute of Limitations in New Jersey

Are You Inside of the Time Frame to File a Lawsuit in NJ?

Why Should You Hire a NJ Wrongful Death Attorney?

Seek an Experienced New Jersey Attorney

Let Us Fight For You

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Practice Area

"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

"My nearly 8 year long relationship with Varcadipane & Pinnisi, P.C. as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my leg..."

"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

"Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

"The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

"We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

"I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

"My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

"I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

"They are very good lawyers and they are very kind thanks for everything 😊😊 "

"It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi, P.C. Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along th..."

"We Hired Varcadipane & Pinnisi, P.C. for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took ..."

"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

"Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

"I was very satisfied with Varcadipane & Pinnisi, P.C. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would whole heartily recommend to a..."

"Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

"The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

"Dawn Pinnisi is a caring and responsible attorney who worked assiduously on my behalf. Highly recommend. "

"To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi, P.C. i..."

"Varcadipane & Pinnisi, P.C. were successful in negotiating our claim. Professional and knowledgeable. "

"They were outstanding in every way and I couldn’t be more pleased! "

"I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

"Words can’t adequately express my gratitude to Dawn for taking on my medical malpractice case. At our first meeting Dawn had compassion for I went through and took the time to listen to everything I had to say. Throughout the e..."

"Dawn Pinnisi was recommended to me from another lawyer. From the moment I spoke with her, I left it all in her hands. I live 2 hours away and I never had to go to her office! She settled my lawsuit so fast and for more that I ever ex..."

"I would like to start off by telling everyone at the firm how thankful I am for all of you who were involved in my case. I was always treated professionally, with a friendly smile and greeting anytime I was at the office. Moreover, m..."

"I have known Jeff Varcadipane for over 7 years, during which time he has advised me on several real estate and civil claims issues. Most recently, he assisted with my complicated real estate transaction in NY. He was very responsive,..."

"The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, then lo..."

"Great law firm! Dawn Pinnisi is a great lawyer, very easy to work with, and got me a more than fair settlement on my case. Highly recommend this law firm. "

"When forming my business, it was important that I started with the right structure. Jeff took the time to explain the pros and cons from a legal perspective and I was able to make a confident decision. Varcadipane & Pinnisi, P.C...."

"The legal process is complicated and at times frustrating but Jeff has managed to translate this process so it is clear to me. He has been patient in walking me through this step by step. Jeff has been timely in providing me with upd..."

"Dawn is the best she won 2 cases for me for over $300,000. The first one was very difficult being that the company had no insurance, but Dawn handled it with such persistence and professionalism that we won. If you want a lawyer who ..."

"I highly endorse this lawyer. Dawn is smart and personable. She is known to be a great litigator and she is extremely knowledgeable about the law as well as being fiercely defensive of her clients. I have attended many court appearan..."

"I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

"Dawn Pinnisi is a fantastic attorney with whom I have worked on numerous cases. Dawn is someone I am proud to call a friend. Over the years I have seen how personally invested she becomes in each of her cases, stopping at nothing to ..."

"Dawn really helped me out in a time of need after my accident. I wasn’t sure if I had a case or not but after my consultation, she gave me hope. I felt like I could trust her and she always returned my phone calls after reachin..."

"I highly recommend Dawn Pinnisi for medical malpractice, car accident, and personal injury cases. Not only is she one of the most experienced attorneys in the field she’s an honest, trustworthy, and caring person in the litigat..."