We are New Jersey Wrongful Death Lawyers
Navigating the New Jersey Wrongful Death and Survivor’s Acts, establishing pecuniary losses, and securing your family’s future in Passaic, Bergen, and Northern New Jersey since 1922.
The sudden, unexpected loss of a loved one is a profoundly shattering and life-altering tragedy. In a single, devastating moment, your family is forced to face immense grief, emotional trauma, and an uncertain future. Beyond the overwhelming emotional weight, the death of a primary provider, parent, or partner brings immediate, terrifying financial strain. Emergency room and trauma bills, funeral expenses, and the sudden, permanent halt of your household’s primary income can quickly threaten your family’s long-term financial survival.
At Raff & Raff, LLP, we have protected injured New Jersey families and survivors for over a century (1922–Present). We know that no amount of financial compensation can ever replace a cherished family member. However, we also believe that your family should not have to bear the financial burden of another party’s negligence. Led by our Managing Partner Stephen T. Raff, Esq.—recently honored as the Passaic County Bar Association’s Distinguished Lawyer of the Year— and Certified Civil Trial Attorneys Michael S. Raff, Esq. and Daniel A. Levy, Esq., our active trial team immediately goes on the offensive.
We handle the heavy legal and administrative burdens so you can focus on healing. We prepare every single wrongful death case from day one as if we are presenting it to a jury—subpoenaing police accident reports, retaining forensic accident reconstruction experts, and working with forensic economists to calculate the complete, lifelong value of your financial losses. We stand up to negligent corporations, municipal entities, and insurance carriers to force them to take responsibility.
We represent families strictly on a contingency fee basis under our No Recovery, No Fee Guarantee. This means you do not pay us a single dollar out-of-pocket, and we only collect a legal fee if we successfully win a financial settlement or trial verdict on your family’s behalf.
Overcoming Complex Obstacles in New Jersey Wrongful Death Law
Select a category below to discover how we establish pecuniary losses, navigate the Survivor’s Act, and manage estate administration:
The Wrongful Death Act (N.J.S.A. 2A:31-1)
Proving Financial (Pecuniary) Loss
New Jersey’s Wrongful Death Act is designed to compensate the surviving family members for the actual financial losses resulting from their loved one’s passing.
- The Law: Under N.J.S.A. 2A:31-1 et seq., the court evaluates “pecuniary losses.” This includes the lost financial support, the loss of active parental guidance and companionship, the lost value of household services, and funeral costs. We collaborate with forensic economists to project these lifetime financial losses, ensuring your family’s future security is fully calculated.
The Survivor’s Act (N.J.S.A. 2A:15-3)
Seeking Justice for Pre-Death Pain
While a wrongful death claim covers the financial impact on the surviving family, New Jersey’s Survivor’s Act protects the rights of the deceased individual.
- The Remedy: This statute allows the estate to recover compensation for the physical pain, suffering, and emotional terror the deceased experienced between the moment of the accident and the moment of their passing. We audit emergency medical technician (EMT) logs, hospital charts, and eyewitness statements to build a compelling case for these survivor damages.
Estate Administration Requirements
Appointing the Administrator Ad Prosequendum
Unlike standard personal injury claims, a wrongful death lawsuit cannot be filed directly by family members. It must be brought by a court-appointed representative.
- Our Approach: Under New Jersey law, we assist the family in establishing an estate and securing the formal appointment of an Administrator Ad Prosequendum (if there is no will) or an Executor through the local County Surrogate’s Office (such as the Passaic County Surrogate in Paterson). We manage all of this administrative paperwork so you can focus on healing.
Serious & Fatal Accidents Resulting in Wrongful Death Claims
We represent families who have tragically lost loved ones due to the negligence, recklessness, or intentional acts of others across Northern New Jersey, including:
- High-Speed Highway Collisions: Fatal car, motorcycle, and SUV crashes resulting from distracted driving, speeding, or driving under the influence on Route 3, Route 46, and I-80.
- Commercial Trucking Wrecks: Catastrophic collisions involving 80,000-pound tractor-trailers, where truck driver fatigue or corporate carrier negligence resulted in a fatal impact.
- Negligent Pedestrian and Bicycle Strikes: Vulnerable road users struck in crosswalks or bicycle lanes by inattentive drivers failing to yield the right-of-way.
- Construction & Industrial Accidents: Fatal falls from scaffolding, heavy machinery crushes, trench collapses, and electrocutions caused by developer or subcontractor safety violations.
- Dangerous & Defective Products: Fatalities resulting from defective automobile parts, failing machinery safety guards, or toxic consumer goods.
Important Legal Steps After a Tragic Loss
- Secure the Official Police Investigation File: Ensure that local police or the County Prosecutor’s Fatal Accident Reconstruction Unit conducts a comprehensive investigation and generates a formal report detailing driver citations or safety violations.
- Establish the Estate Registry: Work with our attorneys to file the necessary paperwork with the local County Surrogate’s Office to formally appoint the Executor or Administrator of the deceased’s estate.
- Preserve Critical Physical Evidence: If applicable, do not allow the vehicle involved in the crash to be destroyed or altered. Electronic telematics data, black box recorders, and cellular carrier logs must be legally locked down immediately.
- Identify All Applicable Insurance Policies: We conduct deep-dive audits to trace all available auto, commercial, corporate, and umbrella insurance policies to ensure your family’s future recovery is fully secured.
- Do NOT Speak to Corporate Defense Investigators: Trucking companies, developers, and corporate defendants will often dispatch private investigators to the family immediately after a tragedy to offer quick settlements. Speak with an experienced trial attorney first to protect your long-term rights.
Rooted in Paterson to Serve Passaic, Bergen & Northern New Jersey
Because wrongful death lawsuits are litigated in the local county courthouse, our central office on Church Street in Paterson is located less than a 5-minute walk from the Passaic County Courthouse Complex, where all local Passaic County fatal negligence lawsuits are filed, litigated, and decided.
Because we maintain a fully staffed second office footprint in Ridgewood, we are uniquely positioned to represent Bergen County families in lawsuits filed at the Bergen County Justice Center in Hackensack. We routinely represent families whose loved ones received critical emergency care at major regional healthcare hubs throughout Northern New Jersey, including:
- St. Joseph’s University Medical Center (Paterson – Passaic County’s premier Level 1 Trauma Center)
- The Valley Hospital (Paramus / Ridgewood – directly adjacent to our Bergen County office footprint)
- Hackensack University Medical Center (Hackensack – Bergen County’s leading trauma hub)
- Morristown Medical Center (Morristown – serving our Morris County accident clients)
- Cooperman Barnabas Medical Center (Livingston – serving our western Essex County clients)
- St. Joseph’s Wayne Medical Center (Wayne)
- Clifton Urgent Care & Local Medical Centers (Clifton)
- Holy Name Medical Center (Teaneck)
- Jersey City Medical Center (Jersey City – serving our Hudson County clients)
Frequently Asked Questions About New Jersey Wrongful Death Law
Under New Jersey law (N.J.S.A. 2A:31-2), the lawsuit must be filed by the court-appointed Executor or Administrator of the deceased person’s estate. Any financial compensation recovered through the lawsuit is then distributed to the surviving family members who were financially dependent on the deceased at the time of their passing (typically the surviving spouse, children, or dependent parents) in accordance with New Jersey’s intestacy laws.
A wrongful death claim is filed to compensate the surviving family members for their ongoing financial losses (lost income, lost services, loss of companionship) resulting from the death. A survivor’s action is filed to recover compensation for the pain, suffering, and fear that the deceased individual personally experienced prior to their death. We routinely file both claims together to ensure complete justice.
Under New Jersey law (N.J.S.A. 2A:31-3), you generally have two years from the date of your loved one’s passing to file a formal wrongful death lawsuit in court. If you fail to file within this two-year window, your family will lose their right to seek compensation forever. If the death was caused by a public or government entity (such as a public bus or school district), a formal Tort Claims Notice (Title 59 Notice) must be filed within 90 days of the incident.
Yes. Under New Jersey’s comparative negligence statute (N.J.S.A. 2A:15-5.1), your family can still recover compensation as long as your loved one’s share of responsibility for the accident was 50% or less. The final financial settlement or verdict will simply be reduced by their percentage of fault. If they are found to be 51% or more at fault, the claim is legally barred.
Protect Your Family’s Security. Let’s Build a Clear Strategy.
Do not allow a negligent party or their corporate insurance carrier to delay your family’s recovery, downplay your loss, or offer a cheap settlement. Speak face-to-face with an experienced, award-winning Northern New Jersey trial attorney in our office or via a secure Zoom meeting. We will analyze your accident reports, review your medical files, and outline a clear, aggressive strategy to secure your future.
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