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Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
The articles published on this platform have been thoroughly checked and reviewed for accuracy and reliability. However, while every effort is made to ensure the information is up-to-date and credible, we encourage readers to verify the details independently.
Written by
Michael J. Epstein
Edited by
Aron Solomon
At Epstein Law Firm, we are committed to delivering exceptional legal representation that creates meaningful results for our clients. Guided by an unwavering pursuit of justice and a genuine dedication to serving those in need, our seasoned attorneys are prepared to stand by your side and advocate for your rights.
After a preventable death, a family needs answers about what happened and help with what happens next. Those are connected questions, but they require different evidence. An investigation may explain the fatal event while employment records, household responsibilities and medical records show the losses the law can address.
The Epstein Law Firm represents New Jersey families in wrongful death matters. We examine responsibility, identify the proper person to bring the case, and distinguish the family’s claim from any claim belonging to the estate. You do not need to arrive with those legal questions already resolved.
Start with what you know: when the injury occurred, when your loved one died, and why you believe someone else’s conduct contributed. We can discuss the information available and what needs investigation without asking you to put a dollar figure on the person you lost.
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New Jersey Wrongful Death
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A wrongful death claim addresses the financial consequences for eligible survivors. A survival claim preserves claims the person who died could have pursued. They can be considered together, but they do not cover identical losses or necessarily benefit the same people.
New Jersey’s Wrongful Death Act requires a wrongful act, neglect or default that would have supported an injury claim had the person lived. A tragic outcome alone does not establish responsibility. The investigation must connect the defendant’s conduct to the death.
The Survival Act permits recovery of damages accrued during the deceased person’s lifetime, with additional statutory provisions for funeral and burial expenses. Treatment records and evidence about the period between injury and death may therefore matter separately from evidence of the family’s future losses. We evaluate the available claims rather than assuming every death produces the same case.
The Epstein Law Firm handles fatal-injury matters arising from different kinds of events. The records that explain one may be irrelevant to another:
Our reported fatal-injury results include a rollover involving an improperly attached tire, post-delivery medical care, and carbon-monoxide exposure at a rental property. These matters required different factual investigations. Their summaries appear below; they are examples of prior work, not predictions about another family’s recovery.
Being the person who contacts a lawyer is different from being legally authorized to file the lawsuit. New Jersey requires the action to be brought through an appropriate representative, which may be an administrator ad prosequendum, administrator or qualifying executor. The representative-appointment statute addresses these roles.
Tell us whether there is a will, whether it has been probated, and whether anyone has received court appointment papers. Also identify surviving relatives and anyone who relied on your loved one. That information helps separate authority to act from entitlement to proceeds.
Do not wait until every family question is settled to seek advice. At the same time, do not assume that one relative can sign for everyone. We can identify the appointment issue alongside the investigation and discuss what further estate assistance may be needed.
The financial loss can extend beyond a paycheck. Household care, practical assistance and guidance may have an economic value even when the person did not receive wages for providing them. New Jersey’s wrongful death jury instructions recognize these forms of contribution.
Useful records include income and benefit statements, household expenses, and descriptions of regular tasks. Explain who handled transportation, repairs, childcare or help for a dependent relative. Concrete examples give the claim a factual foundation; a general statement that someone “did everything” leaves important details unexplained.
Keep medical and funeral bills as well. We separate potentially recoverable categories and assess supporting evidence without counting the same expense twice. The legal measure cannot capture every aspect of a family’s loss, and another case’s settlement does not establish the value of yours.
Keep the death certificate, incident or police reports, photographs, correspondence and any estate papers you already have. Preserve original files and messages rather than replacing them with edited summaries. Write down witness names and what you personally observed, distinguishing firsthand information from what someone later told you.
If records are missing, make a list of where treatment occurred and which agency investigated. That is enough to begin a conversation. You should not have to interview witnesses, interpret an autopsy or confront the other party before seeking legal help.
The Epstein Law Firm can assess which records, preservation requests and expert input the case needs. An official investigation can provide useful information, but it does not automatically establish civil liability or preserve every civil deadline. Share any insurer request or proposed release before deciding how to respond.
The general wrongful death filing period is two years after death under N.J.S.A. 2A:31-3. The statute includes exceptions, so the relevant dates and circumstances need individual review. The State Law Library provides the enacted amendment and legislative history.
Claims involving a public entity generally require a formal notice within 90 days of accrual. The State’s tort-claim instructions explain where State claims go and distinguish county or municipal claims. Do not assume that reporting an incident, opening an estate or waiting for an investigation satisfies that requirement.
These services address records and benefits. They do not decide who caused a death or replace a civil claim. Tell your lawyer about benefit applications and payments so the different processes can be considered together.
Our team’s work in vehicle, medical and unsafe-property cases provides relevant experience when a family needs an explanation of a fatal event. The approved results below describe the underlying issues and retain the qualifications that belong with those outcomes.
Michael J. Epstein is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. That background matters when complex records and disputed accounts must be presented clearly. Preparation includes understanding what the evidence supports and explaining what remains uncertain.
For a first conversation, bring what is available and tell us your main concerns. We can discuss responsibility, representation and the next steps to investigate. Contact The Epstein Law Firm or call 201-231-7847 to arrange a consultation.
Tell our team what happened, which questions remain unanswered and whether anyone has been appointed to act for the estate. Bring the records you have; we can discuss the investigation and the steps needed to protect the available claims.
Selected results reported by The Epstein Law Firm.
Prior results do not guarantee a similar outcome. Each case depends on its own facts, evidence, and applicable law.
These excerpts describe experiences with the firm. They are not identified as cases in this practice area and do not predict another outcome.
“They took the time to explain everything clearly, making sure I understood my options and felt comfortable with each step of the process.”
— R. S. · Read the full Google review
“Michael and his team were incredibly responsive, always keeping us informed and addressing any questions or concerns promptly.”
— s. v. · Read the full Google review
These answers provide general information. The circumstances of the death, family relationships and available evidence can change the legal analysis.
Yes. You can seek information before an appointment is complete, although filing the lawsuit requires the proper legal representative. New Jersey law identifies who may bring the wrongful death action, including an administrator ad prosequendum, administrator or qualifying executor. Contacting a lawyer does not itself appoint you or authorize you to sign for other relatives.
Bring any will, appointment papers and death certificate you have. Identify close relatives and explain whether someone has already started an estate proceeding. The law permits certain appointment-related pleading corrections in qualifying cases, but you should not assume a court will repair every filing problem. Address representation and deadlines together rather than waiting for the family to assemble a complete file.
Sources: P.L.2021, c.481—Wrongful Death and Survival Representatives; New Jersey Department of Health—Certified Record Requirements.
Not by itself. Wrongful death proceeds follow the beneficiary rules in N.J.S.A. 2A:31-4 rather than simply going to whoever a will names. The statute refers to intestate beneficiaries and includes special provisions concerning a surviving spouse and descendants, dependency and court allocation. The representative bringing the action is not automatically the sole person entitled to receive the recovery.
Provide an accurate family history and information about financial dependence. A will remains relevant to estate administration, but entitlement to wrongful death proceeds must be analyzed separately. Do not divide an expected settlement informally or assume every relative receives an equal share. The proper distribution depends on the statutory rules and the circumstances presented to the court.
Sources: N.J.S.A. 2A:31-4—Persons Entitled to Amount Recovered; N.J.S.A. 2A:31-5—Assessment of Damages.
A survival claim preserves damages the deceased person could have pursued, while wrongful death addresses eligible survivors’ losses resulting from the death. The claims can arise from the same event without being interchangeable. A survival analysis may involve treatment, lost earnings before death and evidence of conscious pain or suffering, depending on the facts.
Keep records covering the interval between injury and death, even when it was brief. Explain what you observed without guessing about awareness or medical causation. The claims can involve different beneficiaries and allocation questions, and expenses must not be recovered twice. Your lawyer should identify which claim supports each category rather than presenting the family’s losses and the deceased person’s injuries as one undifferentiated amount.
Sources: N.J.S.A. 2A:15-3, as Amended by P.L.2021, c.481—Survival Actions; Model Civil Jury Charge 8.43—Wrongful Death.
Yes. Recoverable financial contributions are not necessarily limited to wages. New Jersey’s wrongful death instructions recognize the reasonable economic value of services and practical assistance, including care and guidance. The evidence must describe the contribution and the people who lost it; a person’s lack of paid employment does not end that inquiry.
List recurring tasks, the time involved and who now performs them. For guidance or assistance, describe actual activities and relationships rather than assigning a value to affection itself. Records and testimony help make the loss concrete. The legal category remains pecuniary loss, and the appropriate proof depends on the family circumstances. An economist may assist, but a hypothetical salary alone cannot explain every contribution.
Sources: Model Civil Jury Charge 8.43—Recoverable Financial Loss; N.J.S.A. 2A:31-5—Pecuniary Injuries and Expenses.
No. A poor or unexpected outcome does not by itself establish medical negligence. The question is whether the provider departed from the applicable standard of care and whether that departure legally caused the harm at issue. In a fatal case, the connection to the death must be investigated, rather than inferred simply because treatment came first.
Gather the names of providers, treatment locations, relevant dates and any records already supplied to the family. Qualified medical review is generally important to understanding the care. Existing illness and the reason treatment was needed also matter. Ask about the procedural requirements for a malpractice case early; neither a complaint to a hospital nor a family’s disagreement with an explanation substitutes for the evidence required in court.
Sources: Model Civil Jury Charge 5.50A—Medical Duty and Negligence; N.J.S.A. 2A:31-1—When a Wrongful Death Action Lies.
Possibly. Under New Jersey’s general comparative-fault rule, fault of 50 percent or less permits a reduced recovery; more than 50 percent bars recovery. An allegation by an insurer does not decide that percentage. The conduct must be assessed in relation to the event and the applicable duties, not treated as fault simply because the defendant describes it that way.
Preserve accounts, recordings and physical evidence that can explain what happened. Tell your lawyer about unfavorable facts as well as helpful ones. A wrongful death claim depends on an underlying basis for liability, and the deceased person’s conduct can affect that analysis. The correct comparison and its effect should be evaluated from the evidence and governing rules for the particular claim.
Sources: Model Civil Jury Charge 7.31—Comparative Negligence/Fault: Ultimate Outcome; N.J.S.A. 2A:31-1—Underlying Right of Action.
No. A civil wrongful death claim does not generally require a criminal charge or conviction. The Wrongful Death Act expressly contemplates conduct that may also amount to a crime. The civil case still requires its own evidence and legal basis; the fact that someone was investigated does not establish that they owe damages.
Tell your lawyer which agency is involved and whether charges, hearings or other proceedings are pending. Those proceedings may affect access to evidence and case management, but waiting for them is not a safe substitute for checking civil deadlines. A narrow statutory exception concerns specified criminal outcomes in certain homicide cases. Do not assume that any criminal investigation removes the ordinary filing deadline or that a decision not to prosecute defeats civil recovery.
Sources: N.J.S.A. 2A:31-1—Civil Action Where Conduct May Be Criminal; N.J.S.A. 2A:31-3—Enacted Amendment and Legislative History.
A public-entity claim can involve special notice requirements, immunities and limits that do not apply in the same way to a private defendant. Formal notice is generally required within 90 days of accrual. The correct recipient matters: the State’s form and process are not a universal filing route for claims against counties or municipalities.
Identify the precise agency, vehicle, facility or location involved and supply both the injury and death dates. Do not assume the clock always begins with the death or that an incident report satisfies formal notice. The ordinary wrongful death lawsuit period and the public-entity notice requirement are separate issues. If time may already have passed, obtain prompt legal review; permission for a late notice is not automatic.
Sources: New Jersey Division of Risk Management—Tort-Claim Notice Instructions; N.J.S.A. 2A:31-3—Wrongful Death Limitation Period.
Start with New Jersey’s official vital-record ordering process and determine whether a certified copy is required. A certified copy and an informational certification are different documents. The State requires identification, the applicable fee and proof of an eligible relationship or authority for a certified copy. Having a reason to want the record does not by itself establish access.
Gather the deceased person’s full name, place and date of death, plus documents connecting your identity to the permitted relationship. Follow the State’s instructions for online, mail or local-office requests and check the requirements before paying. Tell your lawyer if you encounter an access problem. You can discuss the potential case while records are being requested; you do not need to postpone the initial conversation until everything arrives.
Sources: New Jersey Department of Health—Order a Vital Record; New Jersey Department of Health—Non-Genealogical Record Applications.
Not necessarily. A funeral home commonly reports the death, but reporting and applying for benefits are different steps. Eligible family members may qualify for survivor payments based on the worker’s Social Security record. Eligibility depends on the applicable relationship and other program requirements; a wrongful death claim does not itself establish qualification.
Contact SSA to ask whether an application or benefit review is needed, even if the death has already been reported. Its official guidance provides the telephone and office routes for assistance. Gather identity and relationship information and ask which records are required for your situation. Keep benefit correspondence and tell your lawyer about payments. These administrative steps can proceed separately from investigating civil responsibility for the death.
Sources: SSA—Survivor Benefits; SSA—Survivor Eligibility and How to Apply; SSA—Information for Funeral Homes.
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The Epstein Law Firm
The Epstein Law Firm