East Brunswick Wrongful Death Lawyer

Compassionate Legal Support from Palmisano & Goodman, P.A.

When someone’s negligence or intentional misconduct leads to the untimely death of a loved one, the emotional devastation can be compounded by financial and legal burdens. At Palmisano & Goodman, P.A., we understand that no amount of money can replace your family member, but seeking justice can provide closure and help secure your family’s future. If you’re looking for an East Brunswick wrongful death attorney, our team is here to guide you through every step of the legal process with empathy, dedication, and strength.

Call (732) 709-4400 or contact us online today for a free consultation with a compassionate East Brunswick wrongful death lawyer who will fight for your rights.

What is Considered Wrongful Death?

Under New Jersey law, a wrongful death occurs when a person dies due to the “wrongful act, neglect or default” of another party. Essentially, if the deceased would have had grounds for a personal injury claim had they survived, their death may qualify as wrongful. 

To bring a successful wrongful death claim in New Jersey, you must establish the following elements:

• Duty of Care – The defendant owed a duty of care to the deceased. For example, drivers must operate vehicles safely and doctors must follow medical standards of care.
• Breach of Duty – The defendant breached that duty by acting negligently, recklessly, or intentionally.
• Causation – The breach of duty directly caused the death of your loved one.
• Damages – Surviving family members or the estate suffered measurable damages as a result of the death, such as lost income or funeral expenses.

Common causes of wrongful death include:

• Car, truck, and motorcycle accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Nursing home abuse or neglect
• Criminal actions such as assault or homicide
• Dangerous premises or inadequate security

If your loved one died under circumstances that seem preventable or suspicious, it’s important to speak with a qualified East Brunswick wrongful death lawyer at Palmisano & Goodman, P.A. as soon as possible.

Who Can File a Wrongful Death Lawsuit in New Jersey?

In New Jersey, only the personal representative (executor) of the deceased person’s estate can file a wrongful death lawsuit. If the decedent had a will, the executor named in the will has the authority to file. If not, the court will appoint an administrator.

Although only the representative can bring the lawsuit, compensation recovered is distributed to specific surviving family members, including:

• The deceased person’s spouse
• Children and grandchildren
• Dependent parents
• Dependent siblings, nieces, or nephews (in certain cases)

It’s important to note that only those who were financially dependent on the deceased or would have been entitled to inherit from the estate may be eligible for compensation.

Compensation for Wrongful Death

Although no legal action can undo the tragedy of losing a loved one, a successful wrongful death lawsuit can help alleviate financial stress and hold the responsible party accountable. In New Jersey, families may recover the following types of damages:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Loss of financial support the deceased would have provided
• Loss of services such as childcare, housekeeping, or home maintenance
• Loss of companionship and guidance (particularly for surviving children or spouses)
• Loss of inheritance

Punitive damages may also be awarded in cases of egregious misconduct, such as drunk driving or criminal violence, though they are not common.

Wrongful Death FAQs

How long do I have to file a wrongful death claim in New Jersey?

New Jersey law sets a two-year statute of limitations for most wrongful death cases. This means you must file your lawsuit within two years of the date of death, or you may lose your right to recover damages.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim seeks damages for the family’s losses. A survival action is a separate claim that seeks compensation for the pain and suffering the deceased endured before death. Both may be filed together by the estate representative.

Can a criminal case and a wrongful death lawsuit happen at the same time?

Yes. A wrongful death lawsuit is a civil matter and can proceed independently of any criminal case against the responsible party. In fact, the burden of proof is lower in civil court, making it possible to win damages even if a criminal conviction is not obtained.

Do I need a lawyer to file a wrongful death lawsuit?

Technically, you can file a wrongful death claim without an attorney, but doing so is not advisable. These cases are legally complex and emotionally draining. An experienced East Brunswick wrongful death attorney from Palmisano & Goodman, P.A. can handle the legal details so you can focus on healing.

Speak With an East Brunswick Wrongful Death Attorney Today

Losing a loved one is among life’s most painful experiences, especially when it results from someone else’s negligence or misconduct. At Palmisano & Goodman, P.A., we are committed to helping families in East Brunswick pursue justice and secure financial relief during this difficult time. Let our experienced legal team handle the complexities of your case while you focus on remembering and honoring your loved one.

Contact us at (732) 709-4400 for a free consultation.