Cherry Hill Wrongful Death Lawyer

What Qualifies as a Wrongful Death in New Jersey?

A wrongful death in New Jersey occurs when someone dies due to another person’s negligence, carelessness, or intentional misconduct. This isn’t just tragic—it’s preventable. And under New Jersey law, surviving family members have the right to seek justice and compensation through a civil claim.

The Legal Definition Under NJ Law

According to New Jersey Statutes § 2A:31-1, a wrongful death claim can be filed when a person dies as a result of someone else’s “wrongful act, neglect or default.” In simpler terms, if the deceased would have had grounds to file a personal injury lawsuit had they lived, their estate can bring a wrongful death claim instead.

These cases are handled in civil court and are separate from any criminal charges the at-fault party may face.

Common Causes of Wrongful Death We Handle

At Rosengard Law Group, we’ve helped New Jersey families recover after devastating losses in cases involving:

• Car accidents
• Truck accidents
• Drunk or distracted driving collisions
• Medical malpractice and surgical errors
• Construction site and workplace accidents
• Fatal slips, falls, and unsafe premises
• Defective or dangerous products
• Drownings, electrocutions, and fires
• Violent assaults or criminal acts

Every case is different—but the legal standard is the same: we must prove that your loved one’s death could have been avoided if the responsible party had acted with reasonable care.

Why You Need a Cherry Hill Wrongful Death Lawyer on Your Side

Wrongful death cases are among the most complex and emotionally charged types of legal claims in New Jersey. Families are grieving. Evidence can disappear quickly. And insurance companies often move fast to protect their bottom line. Having an experienced Cherry Hill wrongful death lawyer on your side means you’re not navigating this alone — you’re backed by a legal advocate who knows how to protect your rights from day one.

1. Strategic Legal Guidance During a Difficult Time

When you’re dealing with the sudden loss of a loved one, it’s hard to think clearly — let alone make legal decisions. A wrongful death attorney helps you understand what matters most: what’s recoverable, who’s responsible, and how to take immediate legal action without delay. Your lawyer can help prevent costly mistakes while offering the clear, step-by-step guidance that families desperately need after a tragedy.

2. Protecting You From Insurance Company Tactics

Insurers often act quickly after a fatal accident — sometimes before the family even knows they have legal rights. They may offer early settlements that undervalue the loss or shift blame to avoid payouts. A skilled Cherry Hill wrongful death lawyer knows these tactics and counters them with evidence, expert opinions, and a deep understanding of what a fair settlement really looks like.

3. Building a Strong Case With Expert Support

Wrongful death claims often rely on detailed evidence, expert witnesses, and financial analysis. Whether it’s accident reconstruction, future wage calculations, or forensic reports, your attorney assembles a network of professionals to build a solid foundation for your case. This preparation is essential for negotiating from a position of strength — or taking the case to trial if needed.

4. Ensuring Procedural Compliance and Timely Filing

New Jersey law imposes strict deadlines and procedural rules for filing wrongful death and survival claims. Missing a filing deadline or submitting incomplete paperwork can jeopardize the entire case. Your attorney ensures all documents are prepared correctly, submitted on time, and tailored to meet court requirements — so you never miss your chance at justice.

5. Long-Term Planning for Family Stability

Beyond the courtroom, a wrongful death lawyer can help you plan for the future. That includes protecting your settlement through trusts, navigating estate issues, and minimizing potential tax implications. At Rosengard Law Group, we take a comprehensive approach — helping you not only win your case, but secure long-term peace of mind for your family.

You don’t just need a lawyer — you need a committed partner who will fight for every dollar, every right, and every ounce of justice your family deserves. That’s why so many New Jersey families trust us to handle their most painful legal battles.

Is It Wrongful Death or Just a Tragic Accident?

That’s one of the first questions families ask us. And it’s the right question to ask. Just because something was tragic doesn’t automatically make it a wrongful death under the law. That’s where our experience matters.

We investigate every case thoroughly. We gather records, interview witnesses, review police reports, consult with experts, and take every step necessary to determine whether negligence played a role. If it did, we move fast to hold the right people accountable.

Have questions about whether you have a valid claim? We’ll give you clear answers in your free consultation—no legal jargon, no pressure. Just honest guidance from a team that’s recovered millions for New Jersey families.

Who Can File a Wrongful Death Claim in Cherry Hill?

In New Jersey, not just anyone can file a wrongful death lawsuit. The law gives that right to a specific person: the personal representative of the deceased’s estate. This individual is responsible for pursuing the claim, but the compensation ultimately benefits the surviving family members and dependents.

What Is a Personal Representative or Executor?

The personal representative (also known as the executor) is the person legally authorized to act on behalf of the deceased’s estate. If the person who passed away had a will, the executor is usually named in that document. Once the court verifies the will, the executor gains the legal right to file the wrongful death lawsuit.

But what if there’s no will? In that case, the court will appoint someone—usually a close family member—to serve as the administrator of the estate. This person then becomes the legal representative with the authority to file the wrongful death claim.

At Rosengard Law Group, we walk families through this process. If you’re unsure whether you qualify, we’ll help you figure it out—and get appointed by the court if needed.

Who Can Receive Compensation?

While only the estate’s representative can file the lawsuit, the compensation is awarded to surviving family members or anyone who was financially dependent on the deceased. Here’s how New Jersey law breaks it down:

• Spouse and children – They are typically first in line to receive compensation.
• Parents of the deceased – If there’s no spouse or children, surviving parents may receive a share.
• Siblings, nieces, and nephews—If they were financially dependent on the deceased, these relatives may also receive compensation.
• – Non-relatives who were financially supported by the deceased may qualify, but must prove dependency.

Distribution of compensation follows New Jersey’s intestate succession laws, meaning priority is based on relationship and dependency.

Not sure if you’re eligible? We’ll help you understand your rights. If your loved one supported you financially—or you’re unsure how to proceed—Rosengard Law Group is here to guide you every step of the way.

What Can Be Recovered in a Wrongful Death Lawsuit?

No amount of money can replace a loved one—but a successful wrongful death claim can ease the financial pressure and give your family space to grieve. In New Jersey, these claims are meant to compensate surviving family members and dependents for both economic losses and certain personal hardships.

Financial and Personal Losses That May Be Compensated

Rosengard Law Group fights to recover the full range of damages allowed under New Jersey law. Depending on the circumstances, your family may be entitled to compensation for:

• Lost wages, benefits, and inheritance – The income your loved one would have earned had they lived, including pensions and retirement contributions.
• Funeral and burial costs – All necessary expenses related to laying your loved one to rest.
• Medical bills from the final illness or injury – Including hospital stays, emergency care, or surgery related to the fatal incident.
• Loss of companionship, support, and guidance – The emotional and moral support your loved one provided to family members.
• Loss of household services – Tasks your loved one performed regularly, such as childcare, home maintenance, or caregiving.

We work closely with financial experts to calculate the full, long-term impact of your loss—so you’re not short-changed by an insurance company looking to settle fast.

Emotional Distress and Punitive Damages in NJ

New Jersey law does not allow emotional damages to be recovered directly in a wrongful death lawsuit. That means things like grief, sorrow, and mental anguish—no matter how real—are not compensable under this specific claim.

However, in some cases, a separate legal action may be possible. For example, if you witnessed your loved one’s death or its immediate aftermath, you may be able to bring a negligent infliction of emotional distress claim in addition to the wrongful death lawsuit. Our legal team can help determine if that applies to your case.

As for punitive damages, New Jersey does not allow them in wrongful death claims. These types of damages are meant to punish the wrongdoer and are typically reserved for other types of civil cases involving willful misconduct.

Have questions about what your family may be entitled to? Rosengard Law Group will break down your case in plain language and help you pursue every dollar the law allows.

Wrongful Death vs. Survival Action – What’s the Difference?

When a loved one passes due to negligence, there are actually two legal claims that may be available: a wrongful death claim and a survival action. These claims are related—but they serve different purposes, compensate different losses, and benefit different parties.

Claims for the Family vs. Claims for the Estate

A wrongful death claim is filed to compensate the family members and dependents for what they lost as a result of the death. This includes financial support, household services, and emotional guidance the deceased would have provided.

In contrast, a survival action is brought on behalf of the deceased’s estate. It seeks compensation for what the person experienced before passing away—such as pain and suffering, medical expenses, and lost wages between the injury and death.

For example, if someone was in a coma for several days before passing, the estate could file a survival action to recover damages for the suffering they endured during that time. Those funds then go to the estate and are distributed according to the will or intestate succession laws.

Distribution differs, too. In a wrongful death claim, compensation goes directly to the eligible family members. In a survival action, the recovery becomes part of the estate and may be used to pay creditors before reaching heirs.

At Rosengard Law Group, we typically file both claims together—because that’s how we ensure families receive the full financial recovery they deserve. Together, these claims tell the complete story: what your loved one went through, and what your family lost.

Not sure which claim applies? We’ll explain it all during your free consultation, with no pressure and no obligation—just clear legal advice you can act on.

How Long Do I Have to File a Wrongful Death Claim in Cherry Hill?

If you’re considering legal action after the loss of a loved one, timing matters. New Jersey law sets a strict deadline—called the statute of limitations—for filing a wrongful death lawsuit. If you wait too long, you could permanently lose your right to seek justice and compensation.

The Statute of Limitations

The standard time limit for filing a wrongful death claim in New Jersey is two years from the date of death. This applies in nearly all cases, regardless of the cause of death or the relationship to the deceased.

There are rare situations where the discovery rule may apply. If the cause of death wasn’t immediately known or if negligence was only discovered later—such as in some medical malpractice cases—the two-year clock may start from the date you discovered (or reasonably should have discovered) that the death was wrongful.

However, courts interpret these exceptions very narrowly. If you miss the deadline, the court will likely dismiss your case, and you will lose the right to any compensation—no matter how strong the evidence is.

Why You Shouldn’t Wait

Even if two years seems like a long time, starting early gives your case a major advantage. Here’s why:

• Preserving evidence and witness statements: Over time, memories fade, physical evidence disappears, and records may be lost. Starting now helps us build the strongest case possible.
• Faster access to financial relief: Many families face overwhelming expenses after a wrongful death—medical bills, funeral costs, and lost income. The sooner your case begins, the sooner we can pursue compensation.
• Better negotiation leverage: Insurance companies pay attention to deadlines. If they know you’re waiting until the last minute, they’re less likely to offer a fair settlement.

At Rosengard Law Group, we move quickly—not recklessly—to protect your rights and prepare a case that gets results. If you’re unsure how much time you have left, don’t guess. Contact us for a free, immediate case evaluation and get the answers you need.

Our Process: How We Help From Start to Finish

At Rosengard Law Group, we understand that navigating a wrongful death case can feel overwhelming—especially while you’re grieving. That’s why we’ve built a step-by-step process designed to remove stress, protect your rights, and put you in the strongest position to win.

Step 1 – Free Consultation and Case Review

It starts with a conversation. When you contact us, we’ll schedule a free consultation—either in person, over the phone, or via video.

Here’s what we’ll ask you:

• What happened—and when?
• What evidence or documentation you already have
• Who was financially dependent on the deceased

And here’s what you’ll walk away knowing:

• Whether you have a valid wrongful death or survival claim
• Who can file the lawsuit
• What damages you may be entitled to
• What to expect in terms of timeline and next steps

Step 2 – Investigation and Evidence Collection

Once we take your case, our legal team gets to work immediately. We investigate the circumstances surrounding the death and gather the evidence needed to build a strong case. This may include:

• Accident reports and police documentation
• Medical records and expert testimony
• Employment records and wage loss documentation
• Witness interviews and scene reconstruction

We also conduct a full liability analysis to identify all responsible parties—sometimes there’s more than one—and assess available insurance coverage.

Step 3 – Filing the Claim and Pursuing Justice

With the evidence in place, we file the formal wrongful death and survival claims. From there, we deal directly with the insurance companies and defense attorneys so you don’t have to.

Most cases are resolved through a negotiated settlement, but if they won’t pay what your family deserves, we’re fully prepared to take the case to court. Our trial team has recovered millions for New Jersey families, and we’ll fight to maximize your recovery at every stage.

Let us handle the legal work—so you can focus on healing. Contact Rosengard Law Group today for a free case evaluation.

Why Choose Our Cherry Hill Wrongful Death Attorneys?

When everything feels uncertain, you need a legal team that delivers results—and treats you like family. At Rosengard Law Group, we’ve helped countless New Jersey families find justice after devastating losses. We combine legal firepower with real human support, and we do it without charging a single dollar unless we win your case.

Proven Results in Complex Fatal Accident Cases

We don’t just say we win—we show it. Our firm has secured life-changing compensation for families across New Jersey, including:

• $1.5 million for the family of a father killed in a highway collision
• $1 million for a pedestrian struck and killed in a crosswalk
• Over $300 million recovered for injury victims across all types of personal injury and wrongful death claims

These results reflect our commitment to detail, strategy, and aggressive negotiation. Every case is personal to us—because we know it’s personal to you.

Real Support for Grieving Families

Legal skill isn’t enough. You need a law firm that walks with you through the hard parts. Here’s what we promise:

• You’ll never be left wondering what’s next. We keep you informed every step of the way—with no legal jargon or runaround.
• We coordinate with probate and estate lawyers. Wrongful death cases often overlap with estate matters, and we make sure everything runs smoothly.
• No fees unless you win. You’ll never pay us out of pocket. We only get paid when you receive compensation.

Rosengard Law Group is built on trust, transparency, and results. When your future is on the line, we stand beside you—ready to fight for what your family deserves.

Talk to a Cherry Hill Wrongful Death Lawyer Today

If you’ve lost someone because of another person’s negligence, you don’t have to face the legal process alone. At Rosengard Law Group, we help grieving families get the answers—and the justice—they deserve.

Start With a Free Consultation

You don’t need to have everything figured out. We understand this is a painful, uncertain time. Whether you’re ready to file or just need answers, we’re here to listen and help.

During your free consultation, we’ll explain:

• Whether you have a valid wrongful death case
• What steps come next and how long the process may take
• How much your claim could be worth

Let us guide you through what happens next. No pressure. No legal jargon. Just experienced professionals committed to helping your family move forward.

Call us today or schedule your consultation online. We’re ready when you are.

Frequently Asked Questions (FAQs)

What’s the deadline to file a wrongful death lawsuit in NJ?

In most cases, you have two years from the date of death to file a wrongful death claim in New Jersey. There are rare exceptions, such as when the cause of death wasn’t immediately known, but waiting is risky. If the deadline passes, your case can be dismissed permanently. Contact us as soon as possible to protect your rights.

Can more than one person receive compensation?

Yes. While only the personal representative (executor) can file the lawsuit, the compensation is typically distributed among surviving family members who were financially dependent on the deceased—such as a spouse, children, or parents. The distribution follows New Jersey’s intestate succession laws if there is no will.

What if the deceased had no will?

If there is no will, the court will appoint an administrator—usually a close family member—to act as the estate’s legal representative. This person will then have the authority to file the wrongful death lawsuit. Rosengard Law Group can assist with the appointment process if needed.

Do I have to go to court?

Not necessarily. Many wrongful death cases settle out of court through negotiation. However, if the insurance company won’t offer fair compensation, we are fully prepared to go to trial. Our firm has recovered millions for families by being ready to fight in court when necessary.

What happens if the at-fault party also died?

You can still pursue a wrongful death claim. In these situations, the lawsuit is filed against the at-fault party’s estate or their insurance company. The legal process can be more complex, but our team has the experience to handle it and protect your claim.

How are wrongful death settlements paid out in New Jersey?

Wrongful death settlements are typically paid as a lump sum, but structured settlements (paid over time) are sometimes used in larger cases. The money is distributed according to the will or New Jersey’s intestate laws. If you’re unsure how this works in your situation, we can guide you through the process step by step.

Is a wrongful death settlement taxable in New Jersey?

In most cases, wrongful death compensation is not considered taxable income under federal or New Jersey law. However, certain portions—like interest or punitive damages (in rare exceptions)—may be taxable. We can connect you with a tax professional to make sure everything is handled properly.

Can I file a wrongful death lawsuit against a business or government agency?

Yes. If a company, government agency, or public employee caused the death through negligence, you may have a valid claim. Lawsuits against public entities have special notice requirements and shorter time limits, so it’s critical to contact us as soon as possible.

What if my loved one was partially at fault?

New Jersey follows a “modified comparative fault” rule. As long as your loved one was less than 50% at fault, your family may still recover compensation—though the amount may be reduced. We’ll investigate and fight to minimize any fault unfairly assigned to your loved one.

How long does a wrongful death case take to resolve?

It depends on the complexity of the case and whether it settles or goes to trial. Some cases resolve in a few months; others may take over a year. What matters most is getting it right—we build strong cases upfront to improve outcomes and speed up negotiations whenever possible.