Newark Wrongful Death Lawyers

When someone dies because of another person’s careless or wrongful actions, New Jersey law gives the surviving family the right to file a wrongful death claim. This type of lawsuit allows family members to seek money for losses such as lost income, medical bills, funeral costs, and the pain of losing a loved one. A wrongful death case is handled in civil court and is completely separate from any criminal charges. Families do not need to wait for a criminal case to move forward before filing.

Recent data from the Centers for Disease Control and Prevention showed 197,449 unintentional injuries, and many may have involved negligence. Our Newark wrongful death lawyers at Goldstein & Goldstein, LLP, help Newark families and those in surrounding communities pursue justice after a preventable death. These claims are time-sensitive because New Jersey law generally gives families two years from the date of death to file. 

Key Takeaways

• Wrongful death claims allow surviving family members to seek financial compensation for losses caused by another party’s negligence. 
• New Jersey law imposes a two-year statute of limitations on wrongful death cases, which means time is limited. 
• Recoverable damages may include lost wages, medical expenses, funeral costs, and loss of companionship. 
• Not every family member has automatic standing to file a wrongful death claim in New Jersey, as the law specifies who may bring the case.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when someone dies because of another person’s negligence, recklessness, or intentional act. Common causes include:

• Car accidents
• Medical errors
• Workplace accidents
• Defective products 

For example, if a driver runs a red light and kills a pedestrian, that family may have grounds for a wrongful death claim. Fault is determined by a legal standard called preponderance of the evidence, which means it is more likely than not that the other party caused the death.

Who Can File a Wrongful Death Lawsuit in New Jersey?

In New Jersey, the personal representative of the deceased person’s estate must file the wrongful death lawsuit. The financial compensation recovered goes to surviving family members, typically a spouse, children, and parents. If there are no surviving immediate family members, other dependents may be eligible. The court determines how money is distributed based on the losses each family member suffered.

What Types of Cases Lead to Wrongful Death Claims?

Many types of accidents can give rise to a wrongful death claim. Car accidents and truck accidents are among the most common causes, particularly along high-traffic corridors such as Routes 1 & 9, the New Jersey Turnpike, and McCarter Highway in Newark. Medical malpractice, slip and fall accidents, construction site injuries, and defective products also generate these claims regularly. 

What Damages Can Families Recover?

Our Newark wrongful death lawyers have helped families recover several categories of compensation. These can include the income the deceased would have earned over a lifetime, medical treatment costs before death, funeral and burial expenses, and the value of household services the person provided. New Jersey also allows a separate “survival action,” which recovers damages for the pain and suffering the deceased experienced before dying.  

How Long Does a Wrongful Death Case Take in Newark?

The length of a wrongful death case depends on the evidence involved, the number of parties, and whether the case settles or goes to trial. Some cases resolve within several months, whereas others may take two years or more if they proceed to court. Cases involving government entities or public transportation in Newark may require additional procedural steps that extend the timeline. Acting promptly gives attorneys the best opportunity to gather evidence while it is still available.

Does New Jersey Have a High Rate of Fatal Accidents?

The Attorney General and the New Jersey Division of Highway Traffic Safety (HTS) reported a decrease in traffic-related fatalities for 2025. The data shows an approximate 16% decrease:

• 647 in 2024
• 547 in 2025 

However, Newark sits at the center of one of the most heavily traveled transportation networks in the country, which contributes to a higher rate of serious and fatal accidents than many other New Jersey cities. Routes such as McCarter Highway, Broad Street, and the interchange areas near Newark Liberty International Airport see frequent collisions.  

What Should a Family Do Immediately After a Wrongful Death?

The first step is to preserve any evidence connected to the incident, including photographs, medical records, police reports, and witness contact information. Families should avoid giving recorded statements to insurance companies before speaking with an attorney, as those statements can be used to reduce or deny a claim. Reaching out to our Newark wrongful death lawyers at Goldstein & Goldstein, LLP, early in the process gives our legal team the best opportunity to build a strong case on the family’s behalf.

Frequently Asked Questions

What is the statute of limitations for a wrongful death claim in New Jersey?

New Jersey gives families two years from the date of death to file a wrongful death lawsuit. Missing this deadline typically means losing the right to seek compensation entirely, so contacting an attorney as soon as possible is important.

Can a family file a wrongful death claim if the deceased had partial fault?

New Jersey follows a modified comparative negligence rule, which means a family can still recover damages even if the deceased was partially at fault. However, if the deceased was more than 50% responsible, the family may not recover any damages.

Does a wrongful death settlement get taxed?

Most wrongful death settlement proceeds are not subject to federal income tax, although rules can vary depending on the type of damages recovered. A tax professional can analyze your situation in more detail. 

Newark Wrongful Death Lawyers at Goldstein & Goldstein, LLP, Stand Ready to Fight for Your Family’s Rights

If you need legal guidance after losing a loved one because of negligence, contact our compassionate Newark wrongful death lawyers at Goldstein & Goldstein, LLP. Our experienced legal team will fight to secure full and fair compensation for your loss. Call us at 973-675-8277 or contact us online to schedule a free consultation. Located in East Orange, NJ, we serve clients throughout the state.