Edison Wrongful Death Attorneys

a client discussing matters with a wrongful death attorney

If you are visiting this webpage following the death of a loved one, we would first like to offer our sincerest condolences. Choosing an attorney to help you explore and understand a wrongful death claim is an important decision. Your attorney must be emotionally invested in your case, and they must be committed to fighting for justice for the deceased.  

Consider this our first piece of legal advice: it’s important to act sooner rather than later. An experienced wrongful death attorney can begin gathering evidence and investigating the facts to build the strongest case possible. The sooner you hire a law firm, the better the odds are of you winning your case.

If you’re ready to get started, contact our firm today to schedule a free, confidential, no-obligation consultation. We’re happy to meet in person or virtually, and we offer translation services to help anyone in need, no matter what language they speak. 

Why Choose Our Edison Wrongful Death Lawyers?

It’s important to choose the right legal team with actual courtroom experience and a team with a proven record of success handling cases like yours. If you’re looking for a trusted legal team to fight for your rights following the unexpected death of a loved one, you’ve come to the right place.

For more than 40 years, we have been helping individuals and families in Edison with wrongful death claims. To date, we have assisted over 35,000 clients and recovered more than $1 billion in combined verdicts and settlements. Our team of legal professionals includes 12 Certified Civil Trial Attorneys who know how to win in court. 

Some results from past wrongful death cases we’ve handled include:

We’re happy to answer your questions and review your case for free, we only get paid if we recover money for you. 

Examples of Accidents that Can Lead to Wrongful Death in Edison, NJ

What is a wrongful death claim, and when can you file one?

A wrongful death claim must arise from someone else’s negligent or intentional conduct. The common types of accidents that can lead to a wrongful death claim include: 

  • Motor vehicle accidents – Accidents involving cars, commercial trucks, and motorcycles may be a reason for a wrongful death lawsuit. Several different parties could be held responsible for a wrongful death caused by a traffic collision, including other drivers’ negligence, trucking companies, and vehicle manufacturers, for example.
  • Medical malpractice – Healthcare providers, including nursing home operators, are obligated to provide patients with medical care that meets the accepted reasonable standards of care within their medical community. They can be held accountable when they fail in this obligation and fatally injure the people in their care. 
  • Product defects – Manufacturers can be liable in a wrongful death case if the product they put on the market was unreasonably dangerous when used as intended. Examples of product defects include hazardous children’s products and vehicle component failures. 
  • Workplace accidents – In many cases, the family of a deceased worker will receive workers’ compensation death benefits after their loved one dies because of an injury or illness suffered in the course of their employment. However, there are circumstances in which survivors can also pursue a wrongful death claim. Our wrongful death attorneys can review your situation to determine if you have grounds for further legal action. 
  • Construction accidents – Construction companies are expected to adhere to certain safety standards, such as OSHA, due to the dangerous nature of the industry. When those standards aren’t met, and a worker or innocent bystander is killed, the company responsible or its insurer may be liable. High-risk jobs involving scaffolds and multi-story scaffolding have laws designed to protect workers and their families.

How Do You Prove Negligence in a Wrongful Death Claim?

Under New Jersey law, a death claim includes a “survival” claim, which is one that a decedent could have brought if they had survived the injuries that led to their death. Such a claim is brought on behalf of the decedent’s surviving family members as long as the death was caused by the “wrongful act, neglect, or default of another.”

In wrongful death cases, “negligence” refers to a wrongdoer’s failure to take reasonable steps to avoid harming others. It can be difficult to prove negligence without the help of an experienced wrongful death lawyer who knows how to collect and analyze valuable evidence like the following:

  • Medical records – Medical documents detailing the deceased’s health condition, treatment history, and cause of death can provide crucial information in wrongful death cases.
  • Autopsy and toxicology reports – These can provide definitive information about the cause of death and what may have influenced it.
  • Police reports and accident reports – If the death was caused by a car accident, work-related incident, or any other event that resulted in a police report or accident report, those documents could provide crucial information about what happened and how.
  • Photographs and video recordings – Pictures and videos from the scene of the incident can provide a wealth of details about the deadly incident.
  • Witness testimony – People present at the time of the incident could provide crucial information about the accident, the conditions at the scene, and other important factors.
  • Expert testimony – Experts like forensic scientists, accident reconstruction specialists, and medical providers can speak about technical matters related to the case like the cause of death, and potential faults in a product or procedure.
  • Documentation of safety violations – If the wrongful death was work-related, documentation of OSHA violations or other safety breaches can be critical evidence.
  • Economic losses– Special Economists serve as expert witnesses to determine the amount of past and future loss of income, considering all possible factors like inflation. 
  • Pain and suffering expert– Often, wrongful death cases require the expertise of medical doctors to demonstrate the fear, pain, and suffering a loved one endured prior to the death.

The legal process can be overwhelming, especially while you’re coping with the unexpected passing of your loved one. You can trust your wrongful death lawyer to handle all the details of your case while you focus on what matters most. 

Who Can File a Wrongful Death Case in New Jersey?

New Jersey law requires that only the decedent’s personal representative (also known as the executor) can bring a wrongful death suit. They do so for the benefit of the surviving family members, which may include the deceased’s spouse, children, parents, and siblings. The personal representative can be disclosed in a decedent’s will as the executor or otherwise, the county surrogate will appoint an administrator of the estate. 

The New Jersey wrongful death statute directs that any money recovered through a surviving claim suit be dispersed to surviving family members under the same rules as if they were inheriting from an intestate (without a will) estate. The courts may also determine a fair award for any dependents of the deceased based on their age, physical and mental condition, need for education, and economic loss to the deceased dependents. 

Typically, the money awarded in a wrongful death lawsuit will go to the victim’s survivors, who can include their:

  • Spouse
  • Children
  • Grandchildren
  • Parents
  • Siblings
  • Nieces and nephews
  • Other dependents

Money Damages Available in New Jersey Wrongful Death Claims

In a wrongful death claim, the surviving family members can usually only recover actual financial losses related to the decedent’s death. The family must file a separate “survival” action if they wish to pursue money for the pain and suffering suffered by the decedent before their passing. Under New Jersey law, money damages for the family’s emotional distress are typically not recoverable. However, if a surviving family member witnesses the accident that caused their loved one’s death, they can pursue their own independent claim for negligent infliction of emotional distress. As you can see, the amount of money available in wrongful death claims varies depending on the circumstances of each case. 

Broadly speaking, you could be entitled to seek financial relief for the following: 

  • Funeral and burial expenses for the victim
  • Medical costs related to the victim’s injury or illness
  • Loss of financial support based on what the victim might have earned over their lifetime
  • Loss of health insurance and other benefits for the family
  • Loss of companionship
  • Loss of consortium
  • Loss of parental guidance if the survivor is a child
  • The value of the victim’s household services, including maintenance and repairs, or chores

Statute of Limitations on NJ Wrongful Death Cases

In New Jersey, you have two years from the date of the victim’s death to file a wrongful death suit. The New Jersey wrongful death statute of limitations sets this deadline. Although this may seem like a long time, two years can pass quickly, and building a strong wrongful death case takes time. The two-year statute of limitation also applies to the death of a person under the age of 18. 

If you file after the deadline, the court will likely dismiss your case, and you will lose your chance to seek monetary damages in court. Beyond this statutory deadline, there are practical reasons to bring your case immediately. The longer you wait, the more evidence can go missing, and the more memories can fade, making it harder to establish that the at-fault party is to blame for your loss.

This is why it’s important to contact our Edison wrongful death attorneys as soon as possible after your loved one’s death. That way, you have a team of lawyers on your side from the beginning. Our attorneys are ready to thoroughly investigate the circumstances of the fatal accident, gather the necessary evidence to prove liability, and handle all the paperwork to file a wrongful death claim.

Talk to an Experienced Wrongful Death Attorney in Edison Today

At Davis, Saperstein & Salomon, P.C., we understand that the grief of a sudden death can be overwhelming. Our experienced attorneys can handle every detail of your case with compassion and dedication. What’s more, we can do so without any upfront cost to you. Instead, we get paid only if and when we successfully collect money for you. That means there’s no barrier to pursuing the justice you deserve.

With over 40 years of experience and over $1 billion recovered on behalf of families like yours, we are well-equipped to help you as soon as you are ready to discuss legal options. Call us at 908-444-4444 for your free, confidential, no-obligation consultation.