Monmouth County Wrongful Death Attorneys

Losing someone you love is painful. When their death was caused by someone else’s mistake, it can be even harder. At Chamlin, Uliano & Walsh, we help families in Monmouth County who are going through this kind of loss. Our wrongful death lawyers work to get answers and fair compensation for grieving families.

We know this isn’t just about money. It’s about justice and holding the right people accountable. We’re here to guide you through the legal steps while you take care of your family and yourself.

What Is a Wrongful Death?

Wrongful death happens when someone dies because of someone else’s actions. These actions can be careless (negligence), reckless, or even intentional. Wrongful death cases are civil, not criminal. That means we file a lawsuit to help the family recover damages, not to send someone to jail.

Some common causes of wrongful death include:

Car accidents
Truck accidents
Medical mistakes
Workplace injuries
Unsafe property conditions
Defective products

The goal of a wrongful death case is to support the people left behind—spouses, children, and other dependents—who were financially and emotionally affected.

Who Can File a Wrongful Death Claim?

In New Jersey, the wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. That person is usually named in the will. If there’s no will, a court can appoint someone, usually a close family member.

Even though the lawsuit is filed by the representative, any money recovered goes to the surviving family members who depended on the person who died. These can include:

Spouse
Children
Parents
Siblings (if they depended on the deceased financially)

Time Limits for Filing a Wrongful Death Claim

There is a deadline for filing a wrongful death lawsuit. In New Jersey, you generally have two years from the date of death to file a claim. If you wait too long, you may lose your right to recover anything.

There are a few exceptions. For example, if the death was caused by murder or manslaughter and the defendant is convicted, there may be no time limit. It’s important to talk to a lawyer right away to understand the deadlines in your case.

Proving Fault in a Wrongful Death Case

To win a wrongful death case, we must prove that the person or company at fault acted in a way that caused the death. This involves four main parts:

Duty of care – The person who caused the death had a duty to act safely (like driving carefully or giving proper medical treatment).
Breach of duty – They failed to meet that duty.
Causation – Their actions directly caused the death.
Damages – The death caused losses for the family (financial or emotional).

We use medical records, police reports, witness statements, and expert testimony to build a strong case.

What Damages Can Be Recovered?

Wrongful death claims focus on helping the family recover the financial losses caused by the death. While no amount of money can replace your loved one, it can help cover the costs you’re now facing.

Types of damages in a wrongful death case may include:

Loss of income and financial support
Medical bills related to the final injury or illness
Funeral and burial costs
Loss of services, like child care or housework
Loss of companionship, guidance, and care

New Jersey law does not allow families to recover for emotional pain or suffering under the wrongful death statute. However, there may be a separate claim available called a survival action, which focuses on the pain and suffering the person experienced before death.

Survival Actions vs. Wrongful Death Claims

These two types of claims are often filed together but are different.

Wrongful Death Claim – Seeks damages for the family’s losses (like lost income or services).
Survival Action – Seeks damages for the pain, suffering, or medical expenses the person experienced before dying. This claim belongs to the estate.

We handle both types of claims to make sure your family gets the full amount of compensation you deserve.

Who Receives the Compensation?

Any money won in a wrongful death case is distributed according to New Jersey’s intestate laws (laws about what happens when someone dies without a will), or as directed by a valid will. The law gives priority to those who were financially dependent on the deceased.

A judge may decide how the settlement is split if there’s a dispute. We help families avoid these kinds of conflicts by making sure the case is handled clearly and fairly from the beginning.

Frequently Asked Questions About Wrongful Death in NJ

What is the statute of limitations in New Jersey?

Most wrongful death cases must be filed within two years of the date of death. Waiting longer can mean losing your right to file.

How is fault proven?

We must show that the person or company had a legal duty, failed that duty, and caused the death. We gather evidence like accident reports, expert opinions, and witness testimony to do this.

What’s the difference between wrongful death and a survival action?

Wrongful death claims focus on what the family lost. Survival actions focus on what the person who died went through—pain, suffering, and medical costs—before passing away.

How do I choose the right attorney?

Look for a law firm that has experience with wrongful death cases in New Jersey. You want someone who listens, gives honest advice, and knows how to win these cases in court if needed.

We’re Here for You and Your Family

At Chamlin, Uliano & Walsh, we understand how deeply the death of a loved one can affect a family. If you believe someone else caused their death, we’re ready to help you hold them responsible.

Our Monmouth County wrongful death lawyers have helped many families recover compensation for their losses. We offer personal attention and fight for the best result in every case.

Call us today at (732) 229-3200 to schedule a free consultation. Let us help you take the next step.