No one expects an ordinary drive down Route 28, a trip along South Avenue, or an errand near Park Avenue downtown to end in tragedy. But serious crashes and other fatal incidents happen on the same Plainfield streets families travel every day.
When someone else's carelessness takes the life of a person you love, the grief can be overwhelming, and the practical questions about what comes next are often the last thing you want to think about.
New Jersey law gives families a way to hold the responsible party accountable. At the Law Offices of Sander Budanitsky, L.L.C., we work with families throughout Plainfield and Union County who are dealing with a sudden, preventable loss. We can help you understand your rights and pursue compensation for the financial losses your family now faces, the support and guidance your loved one provided, and other damages the law allows. Whenever you're ready to talk, we're here. Contact us for a free case review.
New Jersey law allows two distinct claims after a death caused by negligence. The wrongful death claim, under the Wrongful Death Act, compensates the surviving family members for the financial losses they suffer because of the death, such as the loss of the income, services, and guidance the person would have provided. It belongs to the survivors and addresses their forward-looking losses.
The survival claim, by contrast, compensates the decedent's estate for what the person who died experienced between the injury and death, including their conscious pain and suffering and the losses they themselves sustained. It is, in effect, the claim the person could have brought had they survived, preserved on behalf of the estate.
The two claims are brought together in one action but recover different harms, and a complete case accounts for both.
Two distinct claims: a wrongful death claim compensates the surviving family for their financial losses, and a separate survival claim compensates the estate for what the person who died endured between the injury and death. The two are brought together but recover different harms.
A wrongful death action in New Jersey is brought by the personal representative of the decedent's estate, the executor named in a will or an administrator appointed by the court, who pursues the claim on behalf of those entitled to recover. The personal representative acts for the survivors and the estate, but the recovery does not belong to the representative personally.
The wrongful death recovery is distributed to the survivors who suffered financial loss, following the framework the law provides, which generally looks to those who would inherit and who were dependent on the decedent.
A surviving spouse and children are typically the primary beneficiaries, and other relatives may recover where they were dependent. The survival claim's recovery, by contrast, belongs to the estate and passes through it. Sorting out who serves as the representative and who is entitled to recover is part of the early work in a wrongful death case.
The wrongful death claim focuses on the financial losses the survivors suffer because of the death, and New Jersey defines these as pecuniary losses. They include the loss of the financial support the decedent would have provided, the loss of services the decedent provided to the family, and the loss of the guidance, counsel, and companionship that have a recognized value, particularly for children who lose a parent.
New Jersey's wrongful death statute centers on these economic and service-based losses rather than the survivors' own grief and emotional suffering, which the statute does not compensate as such.
The value of lost household services, the support a family has lost, and the guidance a parent would have given a child can nonetheless be substantial. Reasonable funeral and burial expenses are also recoverable.
Proof of these pecuniary losses, often through economic analysis, is central to a wrongful death claim and helps explain why these cases require careful preparation.
The survival claim addresses a different harm: what the person who died went through between the moment of injury and the moment of death. It can include the conscious pain and suffering the decedent experienced, the medical expenses incurred in that period, lost wages between injury and death, and other losses the person sustained personally. Where death was not instantaneous, the conscious suffering the person endured can be a significant element.
This claim exists because the person's own right to recover for what they suffered does not simply vanish at death; the survival statute preserves it for the estate. The two claims together, the survivors' pecuniary losses through the wrongful death claim and the decedent's own losses through the survival claim, capture the full scope of the harm a fatal injury causes. Documentation of the decedent’s experience between injury and death forms part of the survival claim.
A wrongful death claim in New Jersey generally must be filed within two years of the date of death under N.J.S.A. 2A:31-3, and a court will normally dismiss a claim filed late. It is worth noting that this period runs from the date of death, which may differ from the date of the injury where a person survives for a time before dying, a distinction that can matter in calculating the deadline.
New Jersey law contains a narrow exception: there is no time limit on a wrongful death action where the death was caused by murder, aggravated manslaughter, or manslaughter for which the defendant has been convicted.
This exception is specific and does not apply to ordinary negligence cases, which remain bound by the two-year period. For the great majority of fatal accident claims, the two-year deadline controls, and meeting it, or the much shorter public-entity deadline where one applies, is one of the first things a case requires.
If a public entity may be responsible, the Tort Claims Act requires a written notice of claim within 90 days after the claim accrues (N.J.S.A. 59:8-8). A court may permit late notice, on motion within one year, only on a showing of extraordinary circumstances and no substantial prejudice to the entity (N.J.S.A. 59:8-9). The lawsuit itself must still be filed within two years.
Because a grieving family is rarely thinking about legal deadlines in the days after a loss, the short public-entity deadline is one of the most important practical reasons to seek guidance promptly when a government party may be involved. The Tort Claims Act also places certain limits on claims against public entities that shape how such a case proceeds.
A wrongful death claim requires proving that another party's negligence or wrongful conduct caused the death, the same liability that would support an injury claim had the person survived.
The fact of the death does not by itself establish fault; the family must show that a responsible party breached a duty of care and that the breach caused the fatal injury. The proof is built from the same kinds of evidence as any serious injury case.
This is why a prompt and thorough investigation matters even amid grief. The scene evidence, the physical proof, any video, the relevant records, and witness accounts all establish how the death happened and who is responsible, and much of this evidence is perishable.
In a fatal crash involving a commercial truck, for example, some carrier data, such as dash-camera and engine data, can be overwritten in days or weeks. Driver logs are generally kept longer, but they should be requested promptly.
Fatal accidents arise from the same causes as serious injuries, but with the gravest outcome. Motor vehicle crashes, particularly those involving high speeds, large commercial vehicles, or impaired drivers, are a frequent cause, as are crashes that take the lives of the most vulnerable road users. A pedestrian or cyclist struck by a vehicle, having no protection, can suffer fatal injuries even at moderate speeds.
Other fatal accidents result from dangerous property conditions, defective products, fires, and workplace hazards.
If the death was work-related, workers' compensation death benefits are usually the family's remedy against the employer, and the employer and co-workers generally cannot be sued unless the harm was an intentional wrong. Claims against outside third parties, such as a negligent contractor or a defective equipment manufacturer, may still be possible.
The corridors and settings around Plainfield, where serious injuries occur, the US 22 and interstate approaches, the downtown crossings, and the city's older buildings, are the same places where the most serious crashes can become fatal. The cause of death and the identity of the responsible party form the foundation of a wrongful death claim.
Because a wrongful death action is brought by the personal representative of the estate, opening the estate and appointing that representative is often an early necessary step.
The claim is brought by the estate's personal representative. If no one has been appointed, the Union County Surrogate can appoint an administrator ad prosequendum for the purpose of bringing the suit. The representative then has the authority to pursue the claim on behalf of those entitled to recover.
This process runs alongside the wrongful death and survival claims and connects to them, since the survival claim's recovery passes through the estate. For a family already coping with a loss, the procedural steps of opening an estate and appointing a representative can feel daunting, but they are a manageable part of the larger process.
A wrongful death claim compensates survivors for pecuniary losses, so the valuation of those losses requires careful economic analysis. The loss of financial support is projected from the decedent's earnings, age, work-life expectancy, and the share of income the family would have received, while the loss of household services is valued by what it would cost to replace the work the person did for the family.
The loss of a parent's guidance, counsel, and companionship is also recognized as having pecuniary value, particularly for minor children, and New Jersey allows recovery for this even though it resists precise calculation.
This valuation draws on the decedent’s earnings history, the family’s circumstances, and, in many cases, analysis from economic specialists. A full assessment of these losses is essential to a fair recovery because a wrongful death claim should reflect the true extent of the family’s loss.
A wrongful death claim is subject to the same comparative-negligence rule as other claims, the 51 percent bar at N.J.S.A. 2A:15-5.1. A decedent's fault does not bar recovery unless it is greater than the negligence of the party sued, or the combined negligence of multiple parties sued. A decedent at 50% or less still recovers, with the recovery reduced by their share.
The defense may raise the decedent's own conduct in an effort to reduce or defeat the claim. This means the same fight over fault allocation that arises in injury cases can arise in a fatal case, with the defense seeking to assign responsibility to the person who died.
Because the decedent cannot give their own account, the objective evidence becomes all the more important in establishing what happened and rebutting an unfair attempt to shift blame. The physical evidence, the witness accounts, and the reconstruction are what hold the allocation where the facts place it, protecting the family's recovery from a defense built on blaming the deceased.
When a wrongful death claim succeeds, the recovery is distributed among the survivors according to their dependency and loss, and it helps to understand this framework so a family knows what to expect.
New Jersey distributes the wrongful death recovery to those who would take under the laws of intestate succession, in proportion to the actual financial loss each suffered, which generally means a surviving spouse and children are the primary recipients.
Where survivors' losses differ, the distribution can reflect those differences, and the process sometimes requires the court's involvement to allocate the recovery fairly, particularly where minor children are involved. The survival claim's recovery, by contrast, becomes part of the estate and passes according to the will or the laws of intestacy.
The way the recovery will be divided is an important part of the case, and the answer depends on the family’s circumstances.
The cause of a death often shapes the wrongful death and survival claims, because different fatal accidents bring different evidence and different responsible parties.
A fatal crash involving a commercial truck brings federal motor-carrier rules and the carrier's records into the case, and the same electronic evidence that proves an injury claim proves a fatal one, which is why preserving it quickly matters as much in a death case as in an injury case.
A fatal crash caused by an impaired driver can support not only the wrongful death and survival claims but, where the facts warrant, a claim for punitive damages reflecting the recklessness of the conduct, and a death caused by a defective product brings the manufacturer into the case under product-liability principles.
Punitive damages require clear and convincing proof of actual malice or wanton and willful disregard, never mere negligence. They are capped at five times compensatory damages or $350,000, whichever is greater. The cap does not apply if the defendant was convicted of drunk driving, refusal, murder or manslaughter.
Identifying the cause and every responsible party is especially important in a fatal case, because the losses can be substantial and may exceed the coverage of any single defendant.
Consider a family that loses a loved one in a crash on one of the high-speed approaches to the interstates near Plainfield, or a pedestrian killed at a downtown crossing.
In 2025, 28 people died in traffic crashes in Union County. In the immediate aftermath, the family is consumed by grief and the practical demands of a sudden loss, and legal deadlines are understandably the furthest thing from their minds. Yet the evidence that would establish who was responsible is already fading.
A person fatally injured in such a crash may be taken to University Hospital in Newark, the regional Level I trauma center. The nearest emergency care is the JFK Muhlenberg Satellite ED on Randolph Road, which provides stabilization and transfer. The closest Level I trauma center is University Hospital in Newark, about 20 miles away.
Where death is not immediate, the survival claim may compensate for the suffering endured in that period. The wrongful death claim, meanwhile, addresses what the family has lost.
Liability depends on evidence from the scene, records, and witness accounts, so those materials must be preserved before they are lost. The process can begin at the family’s pace, but early action helps protect the family’s ability to hold the responsible party accountable.
A wrongful death case is unlike other legal matters because at its center is a family coping with profound loss, and that reality determines how these cases should be handled.
The legal claims, the deadlines, and the valuation of losses are necessary, but they exist to serve a family seeking accountability and a measure of justice for a loved one taken by another's negligence. The process should respect the family's grief and proceed at a pace they can manage.
Families often find that pursuing a claim is not only about financial recovery but about understanding what happened and ensuring the responsible party is held accountable, which can matter a great deal in the grieving process. The financial recovery, meanwhile, addresses real losses, the support, the services, and the guidance the family depended on, which death has taken away.
A wrongful death case requires attention to both the legal and human sides of the loss, with the care it deserves.
Establishing liability in a fatal case follows the same path as in a serious injury case, built from evidence rather than assumption.
The investigation examines how the death occurred, identifies the responsible parties, and gathers the proof, the scene evidence, the physical records, any video, the relevant documents, and the witness accounts, which show a breach of a duty of care caused the fatal injury. The standard of proof is the same as in any civil claim.
What makes the fatal case distinct is that the person who could best describe what happened is gone, which places added weight on the objective evidence and on a prompt investigation before that evidence is lost.
The defense may try to place blame on the decedent because the decedent cannot respond, which makes physical evidence and independent witnesses especially important. Early preservation of this evidence and a careful liability case can help a family establish that another party’s negligence caused their loss.
When a wrongful death recovery includes minor children among the survivors, the law takes particular care to protect their interests.
A minor's share of a recovery is generally safeguarded, often through court oversight of how the funds are held and used, to preserve the money intended to replace the support and guidance a child has lost for that child's benefit. This protection reflects the special vulnerability of children who lose a parent.
The loss of a parent is also where the guidance, counsel, and companionship component of pecuniary loss carries the most weight, since a child is deprived of the parent's nurture and direction over the years of childhood that remain. Establishing the value of that loss and ensuring a child's share is properly protected and administered is an important part of a wrongful death case involving minor children. These considerations are handled with attention to the long-term interests of the children, who are affected most.
Even though a wrongful death claim can be filed within two years of death, and a family should never feel rushed in their grief, the evidence that establishes liability begins to fade immediately.
Scenes are cleared, vehicles are repaired or scrapped, video is overwritten, memories shift, and, in cases involving commercial vehicles or businesses, key records can be lost within weeks under routine retention practices. The proof that would hold a responsible party accountable is perishable.
This is why a prompt investigation, undertaken on the family's behalf and at a pace they can bear, protects their interests. Preserving the scene evidence, sending the necessary preservation demands, and identifying the witnesses while their memories are fresh keep the family's options open.
The shorter ninety-day deadline that applies when a public entity may be responsible adds further urgency. Early action does not intrude on a family’s grief; it protects their ability to seek accountability when they are ready.
The laws that govern wrongful death claims apply statewide, but each fatal accident happens in a particular place, and each case moves through specific local institutions. Familiarity with both can make a difference.
Knowledge of the roads, properties, and other settings around Plainfield where serious accidents occur, along with a clear understanding of how to investigate and preserve evidence, can help build a liability case based on the facts of the death.
Local knowledge also considers the institutions involved in a wrongful death case. These may include the hospitals that treat the fatally injured, such as University Hospital in Newark, a regional Level I trauma center, as well as the county Surrogate’s Court, where an estate is opened, and the Union County Courthouse in Elizabeth, where a contested claim may proceed in the Union Vicinage.
Many cases are heard at the Union County Courthouse, 2 Broad Street, Elizabeth, though venue can vary where a crash or a defendant is across the county line.
A strong understanding of New Jersey’s wrongful death and survival laws, combined with close attention to the circumstances of a loss, helps make sure that these difficult cases receive both careful legal attention and personal care.
A fatal accident claim, like a serious injury claim, depends on the insurance and other sources available to compensate for the loss, and a death can produce damages that exceed the coverage of any single party.
The at-fault party's liability insurance is the first source, but in a serious case, it may fall short of the full measure of the family's pecuniary losses and the decedent's own losses combined.
Where the at-fault driver was uninsured or underinsured, the decedent's own uninsured and underinsured motorist coverage may respond, and in cases involving commercial vehicles, businesses, or products, additional layers of insurance and additional responsible parties may come into play.
If the death involved a rideshare vehicle on a prearranged ride, the driver or the rideshare company must carry at least $1.5 million in liability coverage and $1.5 million in UM/UIM coverage.
Mapping out the available sources of recovery is part of ensuring that a family's loss can be fully addressed rather than limited by the coverage of a single defendant.
In the difficult days after a loss, there are a few steps that help preserve a family's options without adding to their burden. Keeping the records connected to the death, the accident or police reports, the medical records, and any documents from the responsible party or its insurer, preserves information that the case will need.
Declining to give recorded statements to an at-fault party's insurer or to accept an early settlement protects the family from resolving a claim before its full scope is understood.
Most importantly, a family does not have to navigate any of this alone or on anyone else's schedule. A first consultation can simply explain how the two claims work, what deadlines apply, and what an investigation would involve, leaving the decision about how to proceed entirely with the family.
Taking that first step, when the family is ready, is what preserves their ability to seek accountability while they focus on grieving and on one another.
The wrongful death claim compensates surviving family members for their financial losses, while the survival claim compensates the estate for what the decedent suffered before death. Both are brought together.
The personal representative of the estate, an executor or court-appointed administrator, brings the claim on behalf of those entitled to recover. The recovery goes to the survivors and the estate.
New Jersey's wrongful death statute compensates pecuniary losses, such as lost support, services, and guidance, rather than the survivors' emotional grief as such. The survival claim addresses the decedent's own suffering.
The wrongful death claim must be filed within two years of the date of death under N.J.S.A. 2A:31-3. The survival claim, which belongs to the estate, may run from the date of injury, so do not wait. A claim involving a public entity requires a written notice of claim within 90 days.
The Tort Claims Act requires a written notice of claim within ninety days, far sooner than the two-year deadline, which makes prompt action important when a government party may be responsible.
Wrongful death cases are difficult, and a first case review is free with no obligation. The two-year filing deadline and the 90-day notice deadline that may apply when a public entity is responsible can pass quickly. If your family has lost someone in a fatal accident, contact our firm to discuss what happened, what deadlines may apply, and what steps can protect your claim.
The Law Offices of Sander Budanitsky, L.L.C. represents families throughout Plainfield and Union County after a fatal accident. Staff members speak Spanish, Russian, and other languages spoken throughout the community. Attorney Sander Budanitsky has represented injured New Jersey clients and their families since 1996 and is admitted to practice in both New Jersey and Pennsylvania.
Last reviewed: June 2026. This page was reviewed by Sander Budanitsky, licensed in New Jersey since 1996. It is provided for general information and is not legal advice. Consult a licensed New Jersey attorney for guidance specific to your situation.
The Law Offices of Sander Budanitsky, L.L.C. welcomes calls from potential clients and from attorneys looking to refer or co-counsel a matter. Whether it is an injury claim, a civil dispute, a criminal charge, or an immigration question, the first conversation is free and there is no obligation to hire the firm afterward.
Call the Roselle, New Jersey office at (908) 241-3445 or the Philadelphia, Pennsylvania office at (215) 545-2300. You can also send the details through the contact form and someone from the office will get back to you. Calls are answered 24 hours a day, 7 days a week.
