Wrongful Death Attorney in Bergen County, NJ

The sudden loss of a loved one is one of the most devastating experiences a family can endure. Beyond the overwhelming grief, survivors often face the loss of essential emotional, financial, and practical support—such as companionship, parental guidance, income, and household stability. When that loss is caused by the careless or reckless actions of another person, company, or institution, the emotional pain is compounded by a deep sense of injustice. In such cases, working with a wrongful death attorney in Bergen County can help families seek accountability and pursue the justice and compensation they deserve.

In such cases, New Jersey law allows surviving family members to pursue a wrongful death claim—a civil lawsuit brought against the responsible party for their role in the death. While no legal outcome can undo the tragedy, pursuing a wrongful death claim can provide critical support to those left behind.

Filing a wrongful death suit offers two key benefits. First, it can provide financial compensation to relieve the burden of funeral costs, lost income, and future support needs. Second, holding the negligent party accountable through civil action may help prevent similar harm to others in the future. Though the legal process can feel daunting, especially in a time of mourning, it often brings both financial relief and a sense of closure to grieving families.

Unintentional injuries—those resulting from accidents rather than deliberate harm—remain a leading cause of death across New Jersey communities, including Bergen County.

Statewide Overview

In 2022, New Jersey recorded over 5,000 deaths due to unintentional injuries, encompassing incidents such as roadway collisions, falls, and accidental poisonings

Bergen County Specifics

• Bergen County’s age-adjusted death rate from unintentional injuries in 2022 was 33.0 per 100,000 people, slightly below the state average of 35.7 per 100,000
• According to a 2022 community health assessment, Bergen County’s overall mortality rate due to unintentional causes was approximately 33.2 per 100,000

Pedestrian Fatalities

• Pedestrian deaths are a substantial part of this trend. Between 2018 and 2022, Bergen County recorded 79 pedestrian fatalities, representing nearly 44% of all traffic-related deaths in the county

Motor Vehicle Crash Impact

• Roadway accidents are a leading subset of unintentional injuries. While statewide data from 2021 indicates 667 fatal crashes resulting in 697 deaths, Bergen County itself accounted for 38 fatal motor vehicle crashes, including 20 pedestrian deaths—placing it among the counties with the highest traffic mortality rates

Wrongful death cases arise when someone’s negligence or misconduct leads to the death of another person. In Bergen County, these tragic incidents span a wide range of causes, many of which involve preventable accidents. Here are some of the most common:

1. Motor Vehicle Accidents

Crashes involving cars, trucks, and motorcycles are a leading cause of wrongful death. Contributing factors often include speeding, distracted driving, DUI, and failure to yield.

2. Pedestrian Accidents

Bergen County has one of the highest rates of pedestrian fatalities in New Jersey. Many result from drivers failing to stop at crosswalks or driving recklessly in residential areas.

3. Medical Malpractice

When doctors, nurses, or hospitals fail to provide the accepted standard of care, the result can be fatal. Common claims include surgical errors, misdiagnosis, medication mistakes, and delayed treatment.

4. Workplace Accidents

Construction sites, warehouses, and industrial settings are particularly hazardous. Fatalities may occur due to falls, machinery malfunctions, unsafe practices, or lack of proper training.

5. Nursing Home Negligence

Elderly residents in care facilities may suffer fatal outcomes from neglect, improper supervision, dehydration, malnutrition, or physical abuse.

6. Defective Products

When manufacturers release dangerous or faulty products—such as vehicles, machinery, or medications—they can be held liable if those defects result in death.

7. Dangerous Property Conditions

Fatal accidents due to slip and falls, poor lighting, or unsecured premises can lead to wrongful death claims under premises liability laws.

Each wrongful death case is unique, and pursuing a claim requires a thorough investigation to establish liability and damages. If you’ve lost a loved one under tragic or suspicious circumstances book a FREE consultation with an attorney who understands wrongful death law in Bergen County.

Losing a loved one due to someone else’s negligence is devastating—and while no legal action can undo the loss, pursuing a wrongful death claim can provide financial relief and a sense of justice. In Bergen County, wrongful death claims are governed by New Jersey state law, and they allow surviving family members to seek compensation for the emotional and economic impacts of their loss.

A wrongful death claim may be filed when a person’s death is caused by the careless, reckless, or intentional actions of another. Common scenarios include fatal car accidents, medical malpractice, workplace injuries, or dangerous property conditions. The claim is typically brought by the executor or administrator of the deceased person’s estate, on behalf of surviving relatives.

Under N.J.S.A. 2A:31-1, eligible claimants include:

• Spouses and children of the deceased
• Parents (if there is no surviving spouse or child)
• Siblings, nieces, nephews, or other dependents (in certain circumstances)

In Bergen County, New Jersey, a wrongful death case arises when a person dies as a result of the negligence, recklessness, or intentional act of another individual, business, or entity. This type of legal claim is governed by New Jersey Statutes Annotated (N.J.S.A.) 2A:31-1, which allows certain family members to seek compensation for the economic and emotional losses caused by their loved one’s untimely death.

To qualify as a wrongful death, the following elements must generally be met:

1. A death occurred.
2. The death was caused by the wrongful conduct of another party.
3. The surviving family or estate has suffered financial or personal losses as a result.
4. The deceased would have been entitled to pursue a personal injury claim had they survived.

Common Examples of Wrongful Death Cases:

• Fatal car or truck accidents caused by negligent driving
• Pedestrian or cyclist deaths involving distracted or impaired drivers
• Medical malpractice leading to preventable death
• Workplace accidents, particularly on construction sites or industrial settings
• Defective products that cause fatal injuries
• Unsafe property conditions resulting in fatal slip and fall or drowning incidents
• Criminal acts, such as assault or homicide, where civil claims supplement criminal charges

In New Jersey, the wrongful death claim must be filed by the executor or administrator of the deceased person’s estate, usually for the benefit of close relatives such as a spouse, children, or parents.

In Bergen County, families who file a wrongful death claim under N.J.S.A. 2A:31-1 may be entitled to recover a range of financial damages to help offset the losses resulting from a loved one’s death. While no amount of money can replace a life, compensation can help relieve financial stress and hold the responsible party accountable.

Recoverable Damages in a New Jersey Wrongful Death Claim Include:

Economic Damages

These are measurable losses suffered by the deceased’s family and estate:

• Loss of financial support that the deceased would have provided (based on earnings and life expectancy)
• Medical expenses related to the injury that caused the death
• Funeral and burial costs
• Loss of household services, such as childcare, home maintenance, or caregiving the deceased performed
• Loss of future benefits, such as pensions or health insurance contributions

Loss of Companionship and Support

While New Jersey does not allow compensation for grief or emotional distress in wrongful death cases, families may seek damages for:

• Loss of consortium and companionship for a surviving spouse
• Loss of parental guidance, care, and training for surviving children
• Loss of advice, comfort, and companionship to other eligible family members

Survival Action (Separate but Related)

Under N.J.S.A. 2A:15-3, the estate can also bring a survival action for:

• Pain and suffering the deceased experienced before death
• Lost wages from the time of injury until death

These damages go to the estate and are distributed according to the decedent’s will or New Jersey intestacy laws.

Distribution of Damages

Any damages awarded in a wrongful death claim are distributed to surviving heirs according to New Jersey’s intestacy statutes, not necessarily as directed in the deceased’s will.

Given the complexity of calculating these losses and the strict procedural rules in New Jersey, it’s vital to consult with an experienced wrongful death attorney. They can assess your case, determine full and fair compensation, and navigate any disputes that arise.

Yes, in Bergen County—as well as throughout New Jersey—it is entirely possible to pursue both a criminal case and a civil wrongful death lawsuit at the same time, even though they are handled in separate courts and follow different legal standards.

A criminal case is brought by the state (e.g., the Bergen County Prosecutor’s Office) against a defendant for breaking the law—such as in cases of homicide, DUI manslaughter, or assault leading to death. The goal is to punish the wrongdoer with penalties like imprisonment, probation, or fines.

In contrast, a wrongful death claim is a civil lawsuit brought by the deceased person’s estate or family members. The purpose of this claim is to seek financial compensation for losses like funeral costs, lost income, and loss of companionship—not to impose criminal penalties.

Pursuing both cases simultaneously can serve different purposes. A criminal conviction can validate the harm done and deter future offenses, while a wrongful death lawsuit can help a grieving family gain financial stability. Even if the defendant is acquitted in criminal court, they can still be found liable in civil court (as famously seen in the O.J. Simpson case).

In New Jersey, civil proceedings are often paused or proceed more slowly while a criminal trial is underway, but they are not dependent on each other. Families can—and often do—seek civil justice regardless of the outcome of the criminal case.

In a wrongful death case in Bergen County, insurance companies often play a major role in determining how and when compensation is paid. While the lawsuit is technically filed against the at-fault party (such as a negligent driver, doctor, or business), it’s usually that party’s insurance company that provides legal defense and ultimately pays any settlement or judgment—within the policy limits.

For example, if a wrongful death results from a car accident, the defendant’s auto liability insurance may cover damages. In medical malpractice cases, professional liability (malpractice) insurance is involved. In a premises liability case (like a fatal slip and fall), the property owner’s homeowners or commercial liability policy would respond.