{"id":221,"date":"2014-05-30T17:27:03","date_gmt":"2014-05-30T17:27:03","guid":{"rendered":"https:\/\/www.adviahost.com\/~petrillo\/?page_id=221"},"modified":"2026-03-13T14:44:59","modified_gmt":"2026-03-13T14:44:59","slug":"wrongful-death","status":"publish","type":"page","link":"https:\/\/petrilloandgoldberg.com\/es\/practice-areas\/wrongful-death\/","title":{"rendered":"Muerte por negligencia"},"content":{"rendered":"<p>Losing a loved one is one of the most painful experiences a family can go through. When that loss happens because of someone else&#8217;s careless or reckless actions, the grief is compounded by a very real sense of injustice. Families in Pennsauken, New Jersey, and across Camden County deserve answers, accountability, and legal support. As a <a href=\"https:\/\/www.petrilloandgoldberg.com\" target=\"_blank\" rel=\"noopener\">South Jersey Personal Injury Lawyer<\/a>, Petrillo &#038; Goldberg Law is here to help your family understand your rights and take action when it matters most. We are ready to fight for you and your family during this difficult time.<\/p>\n<h2 class=\"wp-block-heading\">Table of Contents<\/h2>\n<ul class=\"wp-block-list\">\n<li><a href=\"#what-is-a-wrongful-death-claim-under-new-jersey-law\">What Is a Wrongful Death Claim Under New Jersey Law?<\/a><\/li>\n<li><a href=\"#who-can-file-a-wrongful-death-lawsuit-in-new-jersey\">Who Can File a Wrongful Death Lawsuit in New Jersey?<\/a><\/li>\n<li><a href=\"#what-damages-can-your-family-recover\">What Damages Can Your Family Recover?<\/a><\/li>\n<li><a href=\"#the-two-year-deadline-do-not-wait\">The Two-Year Deadline: Do Not Wait<\/a><\/li>\n<li><a href=\"#how-petrillo-goldberg-law-fights-for-pennsauken-families\">How Petrillo &#038; Goldberg Law Fights for Pennsauken Families<\/a><\/li>\n<li><a href=\"#faqs-about-wrongful-death-in-pennsauken-new-jersey\">FAQs About Wrongful Death in Pennsauken, New Jersey<\/a><\/li>\n<\/ul>\n<h2 class=\"wp-block-heading\" id=\"what-is-a-wrongful-death-claim-under-new-jersey-law\">What Is a Wrongful Death Claim Under New Jersey Law?<\/h2>\n<p>A wrongful death in New Jersey is defined as a death caused by a wrongful act, neglect, or default of another person or entity. Essentially, a death is considered &#8220;wrongful&#8221; when, if the victim had survived, they would have been entitled to file a personal injury lawsuit for the injuries they sustained. Think about what that means for your family. If your loved one could have sued for their injuries had they lived, you likely have the right to pursue a wrongful death claim on their behalf.<\/p>\n<p>Common causes of wrongful death cases in New Jersey include medical malpractice and preventable medical errors, as well as car, truck, and motorcycle accidents caused by negligent drivers. Accidents on Route 130, near the Pennsauken Creek, or along Haddonfield Road can turn fatal in seconds. Workplace incidents at industrial sites throughout Camden County also give rise to these claims. So do premises liability accidents at commercial properties, where a property owner&#8217;s failure to maintain safe conditions costs someone their life.<\/p>\n<p>To succeed in a wrongful death claim, the plaintiff must prove that the defendant&#8217;s negligent or intentional actions directly caused the death. This involves demonstrating that the defendant owed a duty of care to the deceased, breached that duty, and that the breach was the proximate cause of the death. That is a legal standard that requires real evidence, experienced investigation, and skilled legal strategy. Petrillo &#038; Goldberg Law knows how to build that case for Pennsauken families.<\/p>\n<p>New Jersey allows for two different types of claims to be brought when someone dies as the result of the negligence, recklessness, or other wrongful conduct of someone else. They are known as wrongful death claims and survival claims. These claims are typically filed together in one lawsuit. Understanding both options is critical to making sure your family recovers everything the law allows. The attorneys at Petrillo &#038; Goldberg Law will walk you through both paths clearly and honestly.<\/p>\n<h2 class=\"wp-block-heading\" id=\"who-can-file-a-wrongful-death-lawsuit-in-new-jersey\">Who Can File a Wrongful Death Lawsuit in New Jersey?<\/h2>\n<p>Not everyone in a grieving family has the automatic legal right to file a wrongful death lawsuit. New Jersey has specific rules about who can bring the claim and who benefits from any recovery. Knowing those rules before you act can save your family from costly procedural mistakes.<\/p>\n<p>In some states, the deceased&#8217;s surviving family members are allowed to file a wrongful death lawsuit. In New Jersey, however, the personal representative (sometimes called the &#8220;executor&#8221;) of the deceased person&#8217;s estate must bring a wrongful death claim. If the person died without a will naming a personal representative, the court will appoint someone to act as an administrator who can file the lawsuit. This step happens before the lawsuit is even filed, and it needs to happen quickly.<\/p>\n<p>Among family members, generally speaking, the surviving spouse or children come first. Only if there is no surviving spouse or child will surviving parents inherit, and only if there are no surviving parents can the siblings, nieces, or nephews of a deceased person receive damages in the <a href=\"https:\/\/www.petrilloandgoldberg.com\/case-successes\/case-successes-wrongful-death\/\" target=\"_blank\" rel=\"noopener\">wrongful death case<\/a>. Survivors must also demonstrate that they were dependent on the deceased person in order to be eligible to receive damages. Dependency is not just assumed based on family relationships. It must be shown through actual financial reliance.<\/p>\n<p>If your loved one was killed in an accident near Pennsauken Town Center, on the Betsy Ross Bridge approach, or anywhere else in the area, the right person filing the claim is just as important as the claim itself. An improperly filed lawsuit can be dismissed entirely. The team at Petrillo &#038; Goldberg Law helps families identify the correct personal representative and ensures the case is filed the right way from the start. We handle the legal process so you can focus on your family.<\/p>\n<h2 class=\"wp-block-heading\" id=\"what-damages-can-your-family-recover\">What Damages Can Your Family Recover?<\/h2>\n<p>Families often ask how money can ever make up for a life lost. The honest answer is that it cannot. But financial compensation does serve a real purpose. It replaces the income, services, and support your family depended on. It covers costs your family should never have had to bear. And it holds the responsible party accountable in a concrete, legal way.<\/p>\n<p>New Jersey law allows recovery of pecuniary losses, which means financial losses that can be measured in dollars. This can include both direct economic damages and the financial value of certain non-economic aspects. Economic damages compensate the family for measurable financial losses, such as lost financial support the victim would have contributed. Wrongful death claims also seek to recover compensation for the value of pecuniary damages such as loss of household services, loss of companionship, advice, guidance, counsel, and loss of earning capacity.<\/p>\n<p>New Jersey&#8217;s Wrongful Death Act has expanded to allow recovery for mental anguish, emotional pain and suffering, loss of society, and loss of companionship suffered by surviving family members. However, there is a separate path for additional recovery. In addition to wrongful death damages, families may also have a related claim if the decedent suffered before death. This is called a survivorship action. A survivorship claim allows the decedent&#8217;s estate to pursue damages the person could have claimed had they lived, such as conscious pain and suffering before death.<\/p>\n<p>Families who lost a loved one in a truck accident on I-95, a motorcycle crash near the Pennsauken Mart, or a workplace incident at one of the many industrial facilities in Camden County may have both a wrongful death claim and a survival action available to them. Both actions can be filed together, and damages from survivorship claims are distributed according to the victim&#8217;s estate plan or intestacy laws. Petrillo &#038; Goldberg Law pursues every available avenue of recovery for our clients. To see examples of how we have helped families in situations like yours, review a <a href=\"https:\/\/www.petrilloandgoldberg.com\/case-successes\/case-successes-wrongful-death\/\" target=\"_blank\" rel=\"noopener\">wrongful death case<\/a> from our results.<\/p>\n<h2 class=\"wp-block-heading\" id=\"the-two-year-deadline-do-not-wait\">The Two-Year Deadline: Do Not Wait<\/h2>\n<p>Time is one of the most critical factors in a wrongful death case. Grieving families are often overwhelmed in the months following a loss, and the legal deadline can creep up faster than anyone expects. Missing it can eliminate your family&#8217;s right to any recovery at all.<\/p>\n<p>Like all lawsuits, wrongful death claims must be filed within a specific period of time, set by a law known as a &#8220;statute of limitations.&#8221; In New Jersey, the statute of limitations that applies to most wrongful death lawsuits sets a filing deadline of two years from the date of the death. If the claim is not filed within that two-year window, it will almost certainly be barred from court entirely.<\/p>\n<p>Note that New Jersey has no statute of limitations for a wrongful death claim against the perpetrator if the deceased was the victim of murder, aggravated manslaughter, or manslaughter. That is a narrow exception. For the vast majority of wrongful death cases, including those arising from car accidents, truck accidents, industrial accidents, and premises liability incidents, the two-year clock starts running on the day of death.<\/p>\n<p>Two years may sound like plenty of time. It is not. Building a strong wrongful death case requires gathering accident reports, securing medical records, identifying and interviewing witnesses, and often working with medical and financial experts. Evidence disappears. Witnesses move. Security footage gets overwritten. The sooner a <a href=\"https:\/\/www.petrilloandgoldberg.com\/practice-areas\/wrongful-death\/\" target=\"_blank\" rel=\"noopener\">South Jersey wrongful death lawyer<\/a> gets involved, the stronger your case will be. Contact Petrillo &#038; Goldberg Law as soon as possible after your loss. We are ready to help your family today.<\/p>\n<h2 class=\"wp-block-heading\" id=\"how-petrillo-goldberg-law-fights-for-pennsauken-families\">How Petrillo &#038; Goldberg Law Fights for Pennsauken Families<\/h2>\n<p>Pennsauken is a tight-knit community. Families here shop along Route 70, gather at Pennsauken County Park, and rely on the same roads and businesses every day. When a member of this community dies because of someone else&#8217;s negligence, the impact reaches far beyond one household. Petrillo &#038; Goldberg Law is proud to serve this community and to fight hard for families who have suffered the worst kind of loss.<\/p>\n<p>Our attorneys handle every aspect of a wrongful death claim from start to finish. We investigate the cause of death thoroughly, identify all responsible parties, and build a case backed by evidence and expert testimony. Whether your loved one died in a rideshare accident, an industrial workplace incident, or a crash caused by a negligent driver, we know how to hold the right parties accountable. We also work with financial experts to calculate the full economic value of your loss, including future lost earnings, household services, and the financial value of guidance and companionship.<\/p>\n<p>We understand that no family should have to fight a legal battle while also dealing with funeral arrangements, grief, and financial pressure. That is why we handle wrongful death cases on a contingency fee basis. You pay nothing unless we recover compensation for your family. Our experienced <a href=\"https:\/\/www.petrilloandgoldberg.com\/practice-areas\/wrongful-death\/cherry-hill-wrongful-death-attorney\/\" target=\"_blank\" rel=\"noopener\">wrongful death lawyers<\/a> are committed to fighting for the full compensation your family deserves, whether through a negotiated settlement or a jury verdict. We also serve families throughout Gloucester County and Burlington County from our Woodbury office at 70 South Broad Street, Woodbury, NJ 08096. Contact us to schedule a free consultation today.<\/p>\n<h2 class=\"wp-block-heading\" id=\"faqs-about-wrongful-death-in-pennsauken-new-jersey\">FAQs About Wrongful Death in Pennsauken, New Jersey<\/h2>\n<h3 class=\"wp-block-heading\">What makes a death &#8220;wrongful&#8221; under New Jersey law?<\/h3>\n<p>Under New Jersey&#8217;s Wrongful Death Act, N.J.S.A. \u00a7 2A:31-1, a death is considered wrongful when it results from another party&#8217;s negligent act, reckless conduct, or intentional wrongdoing. The key test is whether the deceased person would have had the right to file a personal injury lawsuit had they survived. If the answer is yes, the death likely qualifies as wrongful under New Jersey law. Common examples include fatal car and truck accidents, medical malpractice, workplace accidents, and deaths caused by unsafe property conditions.<\/p>\n<h3 class=\"wp-block-heading\">Can I file a wrongful death claim if the responsible party was also charged with a crime?<\/h3>\n<p>Yes. A wrongful death lawsuit is a civil claim, separate from any criminal case. A criminal conviction can result in jail time, but it does not automatically compensate your family. A civil wrongful death claim seeks financial compensation for your family&#8217;s losses. You can pursue both at the same time, and the outcome of one case does not determine the outcome of the other. Petrillo &#038; Goldberg Law can explain how both proceedings may affect your family&#8217;s situation.<\/p>\n<h3 class=\"wp-block-heading\">How long does a wrongful death case take to resolve in New Jersey?<\/h3>\n<p>There is no fixed timeline. Some cases settle within months after negotiations with the responsible party&#8217;s insurance company. Others require litigation and can take a year or more to resolve, especially if liability is disputed or the damages are significant. The complexity of the case, the number of parties involved, and the willingness of the other side to negotiate all affect the timeline. Petrillo &#038; Goldberg Law works efficiently to move your case forward while never sacrificing the value of your claim.<\/p>\n<h3 class=\"wp-block-heading\">What is the difference between a wrongful death claim and a survival action in New Jersey?<\/h3>\n<p>A wrongful death claim compensates the surviving family members for their own financial losses, such as lost income, household services, and the financial value of guidance and companionship. A survival action, filed under New Jersey&#8217;s Survival Act, N.J.S.A. \u00a7 2A:15-3, compensates the deceased person&#8217;s estate for what the decedent personally suffered before death, including conscious pain and suffering and medical expenses. Both claims can be filed together in a single lawsuit, and Petrillo &#038; Goldberg Law pursues both to maximize your family&#8217;s recovery.<\/p>\n<h3 class=\"wp-block-heading\">Does Petrillo &#038; Goldberg Law charge upfront fees for wrongful death cases?<\/h3>\n<p>No. Petrillo &#038; Goldberg Law handles wrongful death cases on a contingency fee basis. That means you pay nothing out of pocket to hire us. We only collect a fee if we successfully recover compensation for your family. This arrangement allows grieving families in Pennsauken and throughout South Jersey to access strong legal representation without worrying about upfront costs. Contact us to schedule your free consultation.<\/p>\n<p><script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"What makes a death \\\"wrongful\\\" under New Jersey law?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Under New Jersey's Wrongful Death Act, N.J.S.A. \u00a7 2A:31-1, a death is considered wrongful when it results from another party's negligent act, reckless conduct, or intentional wrongdoing. The key test is whether the deceased person would have had the right to file a personal injury lawsuit had they survived. If the answer is yes, the death likely qualifies as wrongful under New Jersey law. 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Call our Pennsauken office at 856.486.4343 or visit us at 6951 North Park Drive, Pennsauken, NJ 08109 to schedule your free consultation.\"}}]}<\/script><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Losing a loved one is one of the most painful experiences a family can go through. When that loss happens because of someone else&#8217;s careless or reckless actions, the grief is compounded by a very real sense of injustice. Families in Pennsauken, New Jersey, and across Camden County deserve answers, accountability, and legal support. 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