Galloway Township Wrongful Death Lawyer
Losing someone because of another person’s carelessness changes everything. Bills arrive. Income disappears. And grief settles in at the same time families are being asked to make decisions they never anticipated. A Galloway Township wrongful death lawyer handles the legal side of that burden so families can focus on what matters most. Joseph Monaco has represented New Jersey families in wrongful death cases for over 30 years, taking on insurance companies and corporations that would otherwise minimize or deny what these families are rightfully owed.
What Qualifies as a Wrongful Death Under New Jersey Law
New Jersey’s Wrongful Death Act allows the surviving family members of a person who died due to another party’s negligence to seek compensation through the civil courts. The legal concept tracks closely with personal injury law: if the deceased person could have brought a lawsuit for their injuries had they survived, their family can pursue a wrongful death claim on their behalf.
The range of circumstances that can give rise to a wrongful death claim is wide. Fatal car accidents where a driver ran a red light or was texting behind the wheel. Deaths caused by defective products that never should have reached store shelves. Nursing home fatalities where staff neglect was the real cause. Medical malpractice that went far beyond an acceptable margin of error. Premises liability situations, including fatal slip and falls on commercial or residential properties that were not maintained properly. In Galloway Township and the surrounding Atlantic County area, these situations occur across a variety of settings, from retail corridors along Route 9 to residential developments to the workplaces that employ a large portion of the local community.
The claim is separate from any criminal charges that may follow a death. A criminal investigation involves the state and carries a burden of proof beyond a reasonable doubt. A wrongful death civil action uses a lower standard, and the outcome, financial compensation rather than incarceration, is entirely different. Families can pursue both at the same time when criminal charges are filed.
Who Can Bring a Claim and What Damages Are Available
New Jersey law designates who may bring a wrongful death action and how any recovery is distributed. The personal representative of the deceased’s estate files the claim, but the damages recovered go to certain surviving family members rather than to the estate itself. Spouses, children, and in some cases parents or other dependents may be entitled to compensation depending on the family structure and the specific circumstances.
The types of losses recognized under the Wrongful Death Act include the financial contributions the deceased would have made to the family over their lifetime. Courts and juries consider what the deceased earned, what they reasonably would have earned in the future based on their age and occupation, and what they provided in terms of household services and guidance. These calculations often require input from economists and vocational experts who can project lifetime earnings and contribution.
New Jersey also permits a companion claim called a Survival Action, which runs alongside the wrongful death claim. A survival action captures the pain and suffering experienced by the deceased between the time of injury and the time of death, as well as medical expenses incurred during that period. For families dealing with a death that followed a period of hospitalization or prolonged suffering, the survival action can represent a significant portion of the total recovery. Understanding how these two claims interact and how to build both simultaneously is something that comes with experience, not something to figure out case by case.
The Two-Year Window and Why Documentation Matters From the Start
New Jersey imposes a two-year statute of limitations on wrongful death claims. That period generally begins running from the date of death. Missing that window almost always means the claim is permanently barred regardless of how strong the underlying facts are. Two years can feel like a long time in the middle of grief, but it is not, particularly when the investigation required to build a strong case can take months on its own.
Physical evidence does not wait for families to feel ready. Surveillance footage from accident scenes gets overwritten. Electronic data from vehicles gets lost. Witnesses’ memories fade. Property owners fix hazardous conditions before anyone photographs them. In cases involving commercial establishments, employers, or product manufacturers, the defendants often have legal teams and insurers working immediately to control the narrative and gather evidence in their own favor. Starting the investigation early creates the foundation for a credible case.
Documentation also matters in a way families sometimes overlook. Records of the deceased’s income, their role in managing the household, their relationship with their children, and the family’s financial circumstances before and after the death all factor into the damages calculation. The stronger and more complete that record, the harder it is for a defendant’s insurer to argue that the loss was limited or that the damages are speculative.
Questions Families in Galloway Township Often Ask
How is a wrongful death claim different from a survival action?
A wrongful death claim compensates the surviving family members for their own losses, such as lost financial support and lost companionship. A survival action compensates for what the deceased person suffered before death, including their pain, medical costs, and related losses. Both claims can typically be filed together, and both are worth evaluating when a death follows a negligent or reckless act.
Can a wrongful death claim be filed if the death happened in a workplace accident?
Yes, in many cases. Workers’ compensation covers workplace deaths in some circumstances, but it is not the only avenue available. If a third party, someone other than the employer, contributed to the fatal accident, a wrongful death claim against that third party may be viable. Defective equipment, negligent contractors, or unsafe property conditions created by someone other than the employer are examples of situations where additional claims can be pursued alongside a workers’ compensation claim.
What if the deceased was partially at fault for the accident?
New Jersey follows a modified comparative negligence rule. A wrongful death claim can still proceed if the deceased was partially at fault, provided their share of responsibility was 50 percent or less. If the deceased was found to be 30 percent at fault, for example, the total damages awarded would be reduced by that 30 percent. Defendants frequently argue that the victim was partly responsible as a way to reduce what they owe, which is one reason having counsel with trial experience matters.
Who receives the money from a wrongful death settlement or verdict?
New Jersey law specifies how wrongful death proceeds are distributed among surviving family members based on their relationship to the deceased and their degree of dependency. In general, the spouse and children are the primary beneficiaries. The exact allocation can become a point of dispute in complicated family situations, and a court may need to approve the distribution in some cases.
How long does a wrongful death case typically take to resolve?
There is no uniform answer. Some cases settle within a year or two through negotiation with the responsible party’s insurer. Others proceed to trial if the defendant disputes liability or the parties cannot agree on a fair value. Cases involving complex causation questions, multiple defendants, or significant damages tend to take longer. Having counsel who is actually prepared to try a case, rather than one who prefers quick settlements, gives families more leverage throughout the process.
Does Monaco Law PC handle wrongful death cases outside of New Jersey?
Joseph Monaco is licensed in both New Jersey and Pennsylvania and regularly handles cases in both states. For families in Galloway Township whose loved one was killed in a Pennsylvania accident, that coverage matters. Cases occurring in other states may also be handled if the family is from New Jersey or Pennsylvania.
What does it cost to hire a wrongful death attorney?
Wrongful death cases are typically handled on a contingency fee basis, which means attorney fees come from the recovery at the end of the case rather than from the client upfront. Families pay nothing out of pocket to get the case started. A free, confidential case analysis is available to discuss the facts and learn what options exist.
Handling a Wrongful Death Claim in Atlantic County
Wrongful death cases filed in Atlantic County are litigated in the Atlantic County Superior Court in Mays Landing. Galloway Township itself sits along the Black Horse Pike corridor and includes the communities surrounding the Richard Stockton University area, areas with significant commercial activity, residential neighborhoods, and roadways that see substantial traffic. Fatal accidents in this area can involve a range of defendants, from individual drivers to large commercial carriers to property owners to product manufacturers. The identity of the defendant and the resources behind them matter to how a case is investigated and pursued.
For families throughout Atlantic County who have lost someone due to another party’s negligence, a wrongful death attorney in Galloway Township with over three decades of experience handling these cases in New Jersey and Pennsylvania represents a meaningful resource at a devastating time.
Speak with a Wrongful Death Attorney Serving Galloway Township
Joseph Monaco has handled wrongful death cases throughout South Jersey and Pennsylvania for more than 30 years, personally managing each case entrusted to the firm. Families dealing with the loss of a loved one due to someone else’s negligence can reach out for a free, confidential case analysis to understand their rights and what pursuing a claim would actually involve. A Galloway Township wrongful death attorney at Monaco Law PC is ready to begin reviewing your situation today.
