Can You Sue a Business or Government for Wrongful Death?

When a loved one dies due to someone else’s negligence, it’s devastating—and it raises tough questions. One of the most common: Can you sue a company or government agency if they were responsible? In New Jersey, the answer is yes. But these cases come with unique challenges, deadlines, and legal rules.

Whether it’s a trucking company, hospital, nursing home, or a public agency like a school district or transit authority, you have the right to hold negligent entities accountable. At Rosengard Law Group, we help families take action—even when the odds seem stacked against them.

In this guide, we’ll walk you through how wrongful death lawsuits work when a business or government agency is involved, what makes these cases different, and how to protect your legal rights from the start.

When a Business Is Responsible for a Wrongful Death

Common Business-Related Scenarios

Many wrongful death cases in New Jersey involve corporate negligence. Businesses are often liable when their actions—or the actions of their employees—cause a fatal accident. Common examples include:

• Trucking companies whose drivers cause deadly highway crashes
• Hospitals or clinics where medical malpractice leads to a patient’s death
• Nursing homes where staff neglect results in fatal injuries or illness
• Construction firms with unsafe work environments or poor oversight
• Private security companies that fail to prevent foreseeable violence

In these situations, it’s not just the employee who may be at fault—the business itself can be held accountable under the law.

How Liability Is Proven

To sue a business for wrongful death, we need to prove that:

• The company had a duty to act with reasonable care
• They breached that duty through action or inaction
• That breach directly caused your loved one’s death
• Your family suffered measurable losses

This can involve poor training, hiring unqualified workers, failure to enforce safety policies, or ignoring known risks. In some cases, the company may also be liable for an employee’s actions through a principle called vicarious liability.

When You Can Sue the Company, Not Just the Individual

If a truck driver causes a fatal accident while on the job, you can sue both the driver and the trucking company. Why? Because the company is responsible for supervising their employees, maintaining safe vehicles, and enforcing driving limits. The same logic applies to hospitals, nursing homes, and other corporate entities.

Rosengard Law Group investigates these cases from the top down—looking not just at what happened, but why it was allowed to happen. When a company’s policies, culture, or leadership played a role in the death, we go after them directly.

Can You Sue a Government Agency for Wrongful Death?

Yes, but suing a government agency in New Jersey is very different from suing a private business. There are strict deadlines, special procedures, and legal protections that don’t apply in typical wrongful death cases. If you miss one step, your case could be thrown out before it even starts.

Examples of Government Entity Claims

Some common wrongful death claims involving public entities include:

• Transit accidents involving NJ Transit buses or trains
• Fatal incidents at public schools or playgrounds
• Deaths caused by police misconduct or in-custody negligence
• Pedestrian fatalities from poorly maintained roads or crosswalks
• Falls or injuries in public buildings due to unsafe conditions

These cases typically involve city, county, or state government departments—such as transportation, education, or law enforcement. You can file a claim against them, but you must follow a very specific process.

The Notice of Claim Requirement

Under the New Jersey Tort Claims Act, you must file a formal Notice of Claim within 90 days of the death. This notice must be sent to the correct public entity and include:

• The name and address of the claimant
• The date, time, and location of the incident
• A general description of what happened
• The damages you are seeking

If you fail to file this notice on time—or if you file it incorrectly—you may permanently lose the right to sue. That’s why it’s critical to contact a wrongful death attorney immediately if you believe a public entity was involved.

Sovereign Immunity and Exceptions

In general, government agencies have “sovereign immunity,” which protects them from many lawsuits. However, New Jersey law allows wrongful death claims in specific situations, such as:

• Negligent operation of public vehicles (buses, trucks, etc.)
• Dangerous public property that should have been repaired
• Negligent actions by public employees acting within their scope of work

Some areas—like discretionary decision-making, emergency response, or certain law enforcement activities—may still be immune from liability. Rosengard Law Group will evaluate whether your case qualifies and ensure your claim is filed correctly and on time.

How These Cases Differ from Other Wrongful Death Lawsuits

Wrongful death lawsuits involving businesses or government agencies are not handled the same way as cases against private individuals. These defendants often have more resources, stronger legal defenses, and tighter procedural rules that must be followed precisely.

Tighter Deadlines and Procedural Hurdles

While most wrongful death claims in New Jersey follow a two-year statute of limitations, claims against public entities require a Notice of Claim within just 90 days of the incident. That’s a huge difference—and missing the deadline can be fatal to your case.

Businesses may also attempt to limit liability by shifting blame to subcontractors, employees, or “third parties.” These complex legal maneuvers require quick legal action to preserve your rights and prove who is truly responsible.

More Aggressive Defense Strategies

Companies and government agencies typically have legal departments or outside counsel ready to fight these claims from day one. You may be dealing with:

• Insurance defense teams with a playbook for minimizing payouts
• In-house lawyers who specialize in avoiding liability
• Government risk managers trained to delay, deny, or deflect claims

That’s why these cases require not just legal experience—but a strategic, aggressive approach. At Rosengard Law Group, we treat every case like it could go to trial, and we prepare to win—even when the other side plays hardball.

How Rosengard Law Group Builds These Cases

Wrongful death lawsuits involving companies or public entities require a different level of legal preparation. You’re not just filing a claim—you’re going up against corporate legal teams, government procedures, and insurance carriers trained to fight back. That’s where we come in.

Investigating Corporate and Government Negligence

From the moment we take your case, our team begins a deep-dive investigation. We work to uncover not just what happened—but how it was allowed to happen. That includes:

• Requesting internal policies, training manuals, and safety protocols
• Analyzing accident reports, inspection records, or surveillance footage
• Interviewing witnesses and employees—before memories fade or stories change
• Consulting with independent experts in transportation, medical care, law enforcement, and more

We look beyond the surface—and dig into the systems, decisions, and failures that led to your loved one’s death. Then we build a case designed to expose the truth and force accountability.

Meeting Tight Deadlines and Legal Procedures

Deadlines in these cases are not suggestions—they’re strict legal requirements. We handle all the paperwork, filings, and compliance needed to protect your claim, including:

• Filing the Notice of Claim on time for government cases
• Preserving physical and digital evidence before it’s lost or destroyed
• Managing court filings, discovery demands, and settlement negotiations

Most importantly, we protect you from being pushed around by institutions that hope you’ll back down. When your family’s future is on the line, we bring the focus, firepower, and follow-through it takes to win.

FAQs – Wrongful Death Claims Against Businesses and Government

Can I sue both a company and an employee for wrongful death?

Yes. If an employee caused a fatal incident while on the job, you can typically sue both the individual and the employer. This is known as vicarious liability, and it’s common in trucking, construction, and nursing home cases. The company may also be directly liable if it failed to train or supervise the employee properly.

What’s the deadline for suing a public agency in NJ?

For public entities in New Jersey, you must file a Notice of Claim within 90 days of the death. This is much shorter than the usual two-year statute of limitations. If you miss this deadline, you may lose your right to file a lawsuit entirely.

What if the company denies they were responsible?

Denials are common in these cases—but that doesn’t mean your claim is invalid. Our team investigates independently, using records, expert testimony, and internal documents to prove fault and expose corporate negligence. Don’t take their word for it—get legal help and make them prove it in court.

How do I prove a government entity was negligent?

You must show that the government agency had a duty to keep people safe and failed to meet that duty. This could involve poorly maintained roads, untrained staff, or dangerous public property. We build the case by gathering public records, interviewing witnesses, and working with inspectors or municipal experts.

Can I sue a public school for my child’s death?

In some cases, yes. If a school failed to provide proper supervision, ignored safety hazards, or didn’t follow established policies, they may be held liable for the death of a child. However, these claims are highly time-sensitive and require careful handling. Contact our team immediately to preserve your rights.

Final Thoughts – Don’t Let Technicalities Block Your Case

When a loved one dies due to the negligence of a business or government agency, the pain is compounded by complexity. These cases move fast, the rules are strict, and the other side will do everything it can to protect itself—not your family.

But none of that should stop you from getting answers—or justice.

At Rosengard Law Group, we help families cut through the legal red tape. We handle the deadlines, the filings, the investigations, and the courtroom battles. Whether you’re going up against a corporation, a city department, or a state agency, we know how to fight back—and win.

Don’t wait. Every day matters. If you think a business or public entity was responsible for your loved one’s death, contact us immediately. We’ll explain your rights, outline your options, and take action before it’s too late.

Schedule your free consultation today. Let’s hold the right people accountable—and protect your family’s future.

To learn more about New Jersey’s rules for filing claims against public entities, review the official New Jersey Tort Claims Act Overview on the state treasury website.