Wrongful Death lawyer
Careful work on the cases that
change people's lives
When an injury affects your health, your work and your family, the details of the case matter. We investigate early, document the full cost of the injury, and handle the insurance companies so you can focus on getting better.
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Wrongful Death lawyer
Fighting for Your Rights
A wrongful death lawyer represents the family or estate of a person who died because of someone else's negligence or wrongful act. A wrongful death claim is a civil case for money damages. It is separate from any criminal case and can go forward even if no one is charged. Every state has its own wrongful death statute that decides who can file, what losses can be recovered, and how long the family has to act. Onal Injury Law reviews wrongful death cases from anywhere in the United States and handles them with the care and patience these cases require.
Key facts at a glance
• Wrongful death claims are created by state statute, so the rules on who may file and what may be recovered differ from state to state.
• In many states, the case must be brought by the personal representative of the estate on behalf of the family. Some states, such as Texas, let certain family members file directly.
• Most states also allow a separate survival claim for the losses the person suffered before death, such as conscious pain and medical bills.
• Deadlines are often two years from the date of death but vary by state and type of case, and claims against government agencies can require notice within months.
• A civil wrongful death case uses a lower standard of proof than a criminal case, so a family can recover even when there is no criminal conviction.
What is a wrongful death claim?
A wrongful death claim allows the people who depended on someone, financially and personally, to recover for the losses caused by that person's death. The claim exists when the person who died would have had a valid injury claim if they had survived. That means wrongful death cases come from the same events as injury cases, including car and truck crashes, medical errors, unsafe workplaces, falls, nursing home neglect, defective products, and violent crimes on poorly secured property.
Who can file a
wrongful death lawsuit?
This is set by state law and is one of the first questions to answer. In many states, including New York and New Jersey, the lawsuit is filed by the personal representative of the estate, usually the executor named in a will or an administrator appointed by the court, on behalf of the family members the statute protects. In other states, such as Texas, the surviving spouse, children, and parents can bring the claim themselves.
When the estate must file, the family often needs to open an estate in probate court before the lawsuit can be filed. That step takes time, so it should start early, especially when the filing deadline is near.
What is the difference between a wrongful death claim and a survival action?
Most states recognize two related claims. The wrongful death claim compensates the family for what they lost because of the death. The survival action is brought by the estate and recovers what the person who died could have claimed if they had lived, such as medical bills before death, lost income before death, and conscious pain and suffering between the injury and death.
Both claims are usually brought together in one lawsuit. Money from each claim can be distributed differently, and creditors of the estate may have rights to survival damages but not to wrongful death damages in some states. That is one reason the claims are kept separate in the paperwork even when they are tried together.
What damages can a
family recover?
The categories depend on the state, but they commonly include the financial support the person would have provided, the value of household services and care they would have provided, loss of guidance, counsel, and companionship, especially for children, medical and funeral expenses, and lost inheritance in some states.
States differ most on emotional losses. Some states allow damages for the family's grief and mental anguish. Others limit recovery to financial and household losses. Some states also cap certain damages, particularly in medical malpractice cases, and a few allow punitive damages when the conduct was reckless or intentional. Because of these differences, the state whose law applies can change the value of a case significantly.
How long does a family have to file a
wrongful death claim?
Many states set the deadline at two years from the date of death, but the period varies by state and can be shorter or longer. Medical malpractice deaths can have their own rules. Claims against a city, county, state, or federal agency often require a written notice within months. Federal claims under the Federal Tort Claims Act require an administrative claim within two years (28 U.S.C. § 2401(b)) before a lawsuit can be filed.
We understand that families are grieving and that legal deadlines can feel like the last thing to think about. Even so, evidence is easier to preserve early, and a short conversation can confirm which deadline applies without committing the family to anything.
How does a wrongful death case relate to A
criminal case?
A criminal case is brought by the government to punish the person responsible. A wrongful death case is brought by the family to recover for their losses. The criminal case requires proof beyond a reasonable doubt. The civil case requires proof by a preponderance of the evidence, meaning more likely than not. A family can win a civil case even if the criminal case ends in an acquittal or no charges are filed. A conviction, when there is one, can be strong evidence in the civil case.
How we approach a wrongful death case
We start by listening. Families often have questions about what happened that no one has answered, and finding those answers is part of the work. We gather the police, medical, and autopsy records, preserve physical evidence and video, and work with experts such as accident reconstructionists, physicians, and economists to show both how the death happened and what it has cost the family. We handle communication with insurers and opposing counsel so the family does not have to.
Fatal cases often come from
truck accidents,
car accidents,
workplace accidents,
medical malpractice,
and
nursing home neglect.
Our article on
types of catastrophic injuries and their long-term impact
covers related serious-injury cases.
Wrongful death cases
in other states
A death can happen far from home, during travel, at work in another state, or on a highway between states. We review wrongful death cases from anywhere in the country. When a case has to be filed where we do not have an office, we work with locally admitted counsel in that state, and we help families understand which state's law applies.
Wrongful death questions
families ask us
Who receives the money in a wrongful death case?
The state's wrongful death statute decides which family members share the recovery and often how it is divided. In many states, the spouse and children share it, and parents or other relatives may share it if there is no spouse or child. A court may need to approve the distribution, especially when minor children are involved.
Do we need to open an estate before filing?
In states where the personal representative must file, yes. The court appoints an executor or administrator, who then files the lawsuit on behalf of the family. In states where family members can file directly, that step may not be required for the wrongful death claim, though it may still be needed for a survival claim.
Can we bring a claim if no one was charged with a crime?
Yes. The civil case is separate from any criminal case and uses a lower standard of proof. Many wrongful death cases arise from negligence that is never charged as a crime.
What if my family member was partly at fault?
In most states, the recovery is reduced by the person's share of fault as long as it stays below the state's cutoff. A few states bar recovery for any fault. The evidence often shows more than the first reports suggested, so do not assume a case is lost based on an early account.
Can you help if the death happened in another state?
Yes. We review cases nationwide. When a case must be filed in a state where we do not have an office, we work with locally admitted counsel there so the case is filed in the right court under the right law.
Talk with Onal Injury Law
about your case
Onal Injury Law has offices in Elmwood Park and Cliffside Park, New Jersey, Staten Island, New York, and Sugar Land, Texas. We review injury cases from anywhere in the United States. When a case has to be filed in a state where we do not have an office, we work with locally admitted counsel in that state so the case is filed in the right court and handled under the right law.
The first consultation is free and confidential, and
we speak English, Turkish, and Spanish. Injury cases are usually handled on a contingency fee, so there is nothing to pay up front, and we explain the fee agreement and case costs in writing before you sign anything.
Call
(201) 335-6788 or
request a free case review.
FIGHTING FOR JUSTICE IN ALL PERSONAL INJURY
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Personal injury cases are complex and deeply consequential. Each one involves specific facts, medical realities, and long-term implications for the person affected. Our New Jersey personal injury lawyers bring experienced judgment and disciplined preparation to every matter we handle.
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