Understanding Wrongful Death in New Jersey: What Families Need to Know
Losing a loved one unexpectedly is devastating. When that loss occurs because of another person’s negligence, recklessness, or wrongful act, the grief is compounded by feelings of accountability, financial loss, and difficulty moving forward. Families often ask: “What can we do? Who is accountable?” This information is intended to provide an in-depth explanation of how wrongful death claims work in New Jersey — the legal framework, the types of cases, the recoverable damages, and the experts involved.
At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we understand that these cases are not just about money—they’re about accountability, closure, and securing your family’s future. Our firm combines compassion with courtroom experience. With two retired judges on our team and a fully equipped mock courtroom for trial simulation, we prepare every wrongful death case as if it will go before a jury. This readiness often leads to stronger results for our clients, whether through settlement or trial.
What Is a Wrongful Death Claim in New Jersey?
Under New Jersey law, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another party. The action is governed primarily by N.J.S.A. 2A:31-1 et seq., known as the New Jersey Wrongful Death Act. The law allows certain surviving family members—typically a spouse, children, or dependents—to recover damages for the financial and practical support they have lost due to their loved one’s death.
In addition to the wrongful death claim, New Jersey recognizes a related but separate cause of action called a “survival action” under N.J.S.A. 2A:15-3. This allows the estate to recover damages for the pain, suffering, and economic loss the decedent experienced between the time of injury and death.
To succeed in a wrongful death claim, the plaintiff must generally prove:
- The defendant owed a duty of care to the decedent.
- The defendant breached that duty through negligence, recklessness, or intentional misconduct.
- The breach caused the death.
- The survivors suffered actual damages as a result.
The Two-Year Statute of Limitations in New Jersey Wrongful Death Cases
One of the most critical elements of any wrongful death case is timing. In New Jersey, a wrongful death claim must be filed within two years from the date of death.
This two-year window is known as the statute of limitations (N.J.S.A. 2A:31-3). If a lawsuit is not filed within that period, the court will likely dismiss the case, and the family will lose the right to pursue compensation—no matter how strong the evidence may be.
There are only limited exceptions. For example, if the wrongful death was caused by a criminal act and a criminal case is pending, the court may consider tolling (pausing) the statute of limitations. However, such exceptions are rare.
Because of this strict deadline, families should contact a wrongful death lawyer as soon as possible after a fatal accident to preserve evidence, secure expert witnesses, and protect their rights.
Common Types of Wrongful Death Cases
Wrongful death claims can arise from many different types of incidents. In New Jersey, the most common include:
- Motor vehicle accidents: Fatal car, truck, motorcycle, bicycle, and pedestrian collisions.
- Medical malpractice: Deaths resulting from negligent diagnosis, surgical errors, anesthesia mistakes, or medication mismanagement.
- Workplace accidents: Construction site fatalities, industrial incidents, or exposure to toxic materials.
- Defective products: Design flaws, manufacturing defects, or failure to warn consumers of dangers.
- Premises liability: Fatal slip-and-fall accidents, unsafe property conditions, or inadequate security.
- Nursing home negligence: Fatal injuries caused by neglect, dehydration, or poor medical care.
- Intentional acts: Assaults, drunk driving incidents, or other reckless and intentional misconduct.
Each category requires different legal and factual strategies. Our firm’s attorneys understand the nuances of each type of claim and tailor our approach accordingly.
The Role of Expert Witnesses in Proving Wrongful Death Cases
Expert testimony often makes the difference between a successful and an unsuccessful wrongful death case. These professionals help establish how the death occurred, who is responsible, and what damages should be awarded.
Common experts used in wrongful death litigation include:
- Accident Reconstruction Experts: Analyze crash data, physical evidence, and vehicle dynamics to determine how a fatal accident occurred.
- Medical Experts & Forensic Pathologists: Explain the medical cause of death, link the defendant’s conduct to the fatal injury, and assess pre-death pain and suffering.
- Economists & Forensic Accountants: Calculate future lost income, benefits, and household services, taking into account inflation and life expectancy.
- Vocational Experts: Evaluate the decedent’s career trajectory and potential earnings.
- Life Care Planners: Provide insight into the economic value of lost care, guidance, and support for dependents.
- Safety Engineers: Examine whether property owners, employers, or manufacturers followed proper safety standards.
At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we work with respected experts across disciplines to build a compelling, evidence-based case. These experts often testify before juries or contribute reports that strengthen negotiation leverage with insurance companies.
Damages Recoverable in New Jersey Wrongful Death Cases
The purpose of a wrongful death claim is to compensate the survivors for the financial and practical losses resulting from the death. While no amount of money can ever replace a loved one, financial recovery can help ensure stability and accountability.
Damages in a Wrongful Death Action
Under the New Jersey Wrongful Death Act, recoverable damages typically include:
- Loss of financial support: The earnings, benefits, and contributions the decedent would have provided.
- Loss of household services: Such as childcare, home maintenance, and other daily contributions.
- Loss of guidance, training, and companionship that the decedent would have offered to family members.
- Medical, funeral, and burial expenses related to the death.
For more information on the damages related to wrongful death claims, you can view the New Jersey Model Jury Charge.
Damages in a Survival Action
A survival action is distinct but often filed together with a wrongful death claim. It seeks damages for the decedent’s own suffering and financial losses prior to death. Recoverable damages may include:
- Conscious pain and suffering: The physical pain and emotional distress endured before death.
- Lost wages between the time of injury and death.
- Medical expenses incurred prior to passing.
This distinction between wrongful death damages and survival damages is critical. Together, they provide a fuller picture of the harm caused and allow the estate and family to pursue all available forms of compensation.
For more information on the damages related to survival action claims, you can view the New Jersey Model Jury Charge.
The Importance of “Conscious Pain and Suffering”
Proving that the decedent experienced conscious pain and suffering before death can significantly impact a case’s value. Evidence such as medical records, witness testimony, and expert analysis can establish that the decedent was aware of the impending death or experienced physical and emotional distress.
In survival actions, these damages are recoverable by the estate and can substantially increase the overall award. Our lawyers work closely with medical experts to carefully document this aspect of each case.
How Our Firm Prepares Wrongful Death Cases for Trial
At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, our wrongful death attorneys take pride in fully integrating trial preparation technology and expertise into every case.
Mock Courtroom for Trial Simulation
We maintain a state-of-the-art mock courtroom designed for trial simulation. This allows us to recreate courtroom settings, conduct witness preparation, and test trial strategies using mock juries. By rehearsing arguments and refining presentations, we ensure that our clients are ready and confident when the case goes before a real judge or jury.
Guidance from Retired Judges
Our firm is privileged to include two retired New Jersey Superior Court judges on our team — Hon. Randall C. Chiocca, P.J. Ch. (ret.), and Hon. Thomas F. Brogan, P.J. Civ. (ret.) —of whom have strong knowledge or have presided over wrongful death cases during their judicial careers. Their experience provides invaluable insight into how judges and juries evaluate evidence, credibility, and damages. They work directly with our attorneys and clients to shape courtroom strategies and evaluate settlement opportunities.
Trial-Ready, Not Settlement-Dependent
Because of our preparation, defendants and insurance companies know our wrongful death lawyers are willing and able to go to trial. This trial readiness may result in stronger settlement offers. When settlement is not fair, we are prepared to present a powerful case before a jury—backed by our mock trial preparation and expert testimony.
Steps Families Should Take After a Fatal Accident
When tragedy strikes, families often feel overwhelmed and unsure of what to do next. Taking the right steps early on can make a significant difference in preserving your legal rights:
- Contact an experienced wrongful death attorney immediately. The two-year statute of limitations begins running from the date of death—don’t wait.
- Preserve evidence. Gather photographs, accident reports, medical records, and witness information.
- Document financial information. Save pay stubs, tax returns, and proof of contributions the decedent made to the household.
- Avoid speaking with insurance adjusters. Anything said to insurers could be used to minimize your claim.
- Stay informed. A good wrongful death lawyer should explain each stage of the process and keep you updated on case progress.
Why Choose Scura, Wigfield, Heyer, Stevens & Cammarota, LLP
- Trial-tested team: We prepare every case for court, not just for settlement.
- Mock courtroom & trial simulation: Unique resources that give our clients an edge.
- Retired judges: Unmatched insight into judicial thinking and trial strategy.
- Access to experts: Economists, medical professionals, engineers, and forensic specialists.
- Compassionate advocacy: We combine legal strength with understanding and support.
With offices throughout Northern New Jersey, we are ready to help families anywhere in the state navigate the legal and emotional challenges of a wrongful death claim.
Contact Scura, Wigfield, Heyer, Stevens & Cammarota, LLP
for a Free Consultation
Wrongful death claims are among the most complex and emotionally charged cases in civil law. They require not only legal expertise but also empathy, diligence, and the ability to present powerful evidence before a jury.
At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we have built our practice around these principles. Our mock courtroom, retired judges, and team of skilled trial attorneys ensure that every wrongful death case is fully prepared from day one.
If your loved one’s death was caused by negligence or wrongdoing, don’t wait—the two-year statute of limitations means time is limited to pursue justice. Contact us today for a free, confidential consultation and let our team guide you toward accountability and recovery.