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Wrongful Death Lawyers in Paramus

Losing someone unexpectedly is one of the most devastating experiences a family can face. If you are searching for a Paramus wrongful death lawyer, you are probably overwhelmed and in need of answers. During such an emotional time, having the right legal support matters.

The attorneys at Brach Eichler Injury Lawyers offer compassionate guidance and experienced representation to help families pursue justice after a fatal accident. We are here to listen, answer your questions, and handle the legal process so you do not have to face it alone. Call (973) 364-8300 or contact us to schedule a confidential consultation with a Paramus personal injury lawyer. 

What Is a Wrongful Death Lawsuit?

In New Jersey, a wrongful death lawsuit is a legal action that can be filed when a person dies due to someone else’s negligent, reckless, or intentional actions. In this legal action, the plaintiff can seek compensation for the loss of the deceased. They can seek money for lost income, funeral costs, and other losses related to the death.

Wrongful death cases can stem from a variety of incidents, such as:

  • Motor vehicle accidents
  • Medical malpractice
  • Dangerous property conditions
  • Workplace injuries
  • Defective or unsafe products

In Paramus and throughout Bergen County, high-traffic roadways like Route 4 and the Garden State Parkway are frequent sites of serious and sometimes fatal collisions. According to New Jersey State Police crash data, Bergen County reported 40 traffic-related fatalities in a recent year, many of which involved preventable negligence. 

Who Can File a Wrongful Death Claim in Paramus?

In New Jersey, only the personal representative of the deceased’s estate is allowed to file a wrongful death lawsuit. While that individual initiates the claim, any financial recovery is meant to benefit surviving family members who depended on the deceased. This may include:

  • A surviving spouse
  • Children
  • Parents
  • Siblings, nieces, or nephews who relied on the deceased for support

What Must Be Proven in a Wrongful Death Case?

To succeed in a wrongful death lawsuit based on negligence, your attorney must establish four key elements:

  • Duty of Care – The defendant had a legal obligation to act with reasonable care (for example, a driver must operate their vehicle safely).
  • Breach of Duty – The defendant failed to meet that obligation through negligent, reckless, or wrongful behavior.
  • Causation – This failure directly caused the person’s death.
  • Damages – The surviving family members experienced measurable losses as a result.

Proving these elements requires more than just a basic claim. Your lawyer will need to conduct a thorough investigation, gather strong evidence, consult expert witnesses, and apply in-depth knowledge of both personal injury and estate law. 

Additionally, some types of cases don’t require a showing of negligence. In New Jersey, that includes deaths caused by dog bites and by products used as intended that malfunctioned and caused a death.

Recoverable Damages in a Wrongful Death Claim

Families may be eligible to recover several types of compensation through a wrongful death claim in New Jersey, including:

  • Medical expenses related to the final injury or illness
  • Funeral and burial costs
  • Loss of the deceased’s income, benefits, or financial support
  • Loss of services the deceased provided at home
  • Loss of companionship and guidance

While New Jersey law does not permit the recovery of emotional losses in wrongful death cases, a separate survival action may be possible if the deceased experienced pain and suffering before death. An attorney can evaluate whether both kinds of claims may be possible in your situation. 

Wrongful Death vs. Survival Action

Wrongful death claims and survival actions are separate but often pursued together in fatal accident cases:

  • Wrongful Death Claim (N.J.S.A. 2A:31-1 et seq.) – Brought to recover losses suffered by surviving family members, such as income and companionship.
  • Survival Action (N.J.S.A. 2A:15-3) – Filed on behalf of the deceased’s estate to seek compensation for pain, suffering, and other losses the person experienced before death.

Each claim involves different legal standards and evidence, but pursuing both may be necessary to address the emotional and financial impact of the loss entirely. 

How a Paramus Wrongful Death Lawyer Helps

Mourners at a funeral, expressing grief and loss, with some holding tissues and others in quiet reflectionGrieving the loss of a loved one is hard enough without the added stress of legal proceedings. That’s why having an experienced wrongful death attorney by your side can make a meaningful difference. At Brach Eichler Injury Lawyers, we handle the legal work so you can focus on healing. Our team supports clients by:

  • Collecting police reports, surveillance footage, and witness statements
  • Working with accident reconstruction specialists and medical experts
  • Calculating the full extent of your financial and emotional losses
  • Negotiating with insurance companies on your behalf
  • Preparing for trial if a fair settlement is not offered

Acting quickly is essential. Evidence can be lost, and New Jersey’s statute of limitations generally gives you only two years from the date of death to file a wrongful death lawsuit. Early legal action helps preserve your rights and strengthens your case. 

Wrongful Death Cases Involving Motor Vehicle Collisions

Paramus roads like Route 17 and Midland Avenue have been the sites of fatal crashes involving commercial vehicles, drunk drivers, and distracted motorists. When we’re called in to work on these cases, Brach Eichler Injury Lawyers quickly secures evidence, identifies liable parties, and builds strong claims. Our attorneys understand the complexities of fatal traffic cases and how insurers try to limit payouts. We represent families in car, truck, motorcycle, and pedestrian death claims with the focus and legal experience these cases demand. 

Workplace Accidents and Fatalities

When a death occurs on the job, surviving family members may have legal options beyond workers’ compensation. A third-party lawsuit may be possible if another company, property owner, or equipment manufacturer played a role through negligence or the use of a defective product.

Paramus has a busy workforce, particularly in retail, warehousing, and construction. Fatal workplace accidents can happen at job sites, distribution hubs, or during delivery routes. At Brach Eichler Injury Lawyers, we take a comprehensive approach to these cases—investigating every angle and identifying all liable parties. Our goal is to seek justice and full compensation for the families affected by these preventable workplace tragedies. 

Medical Negligence and Fatal Outcomes

If a doctor’s mistake causes someone’s death, the family might have a wrongful death case. This could involve a misdiagnosis, surgical error, medication issue, or birth injury. These claims are tough and need solid medical records, expert input, and a deep understanding of healthcare standards. Brach Eichler Injury Lawyers knows how to handle these complicated cases and fight for the families affected. 

Local Legal Resources for Families in Paramus

As families grieve and pursue justice, local support services can offer additional help alongside legal guidance. Consider turning to these Paramus-area resources:

  • Bergen County Surrogate’s Court – Handles probate, estate matters, and related filings
  • The Compassionate Friends – Provides peer-led grief support groups for families coping with loss in nearby cities
  • NJ Crime Victims’ Law Center – Offers free legal services in certain qualifying cases

Having access to both emotional and legal support can ease some of the burdens families face after an unexpected death and help them feel less alone in the process. 

FAQs About Wrongful Death Claims in Paramus

Losing a loved one unexpectedly is one of the most painful experiences a family can endure. Along with grief, families are often left with confusion and uncertainty, especially when it comes to understanding their legal rights. Below are answers to some of the most frequently asked questions about wrongful death claims in Paramus. 

What types of damages can I pursue in a wrongful death case in Paramus?

In addition to funeral and medical expenses, wrongful death claims may cover the value of lost services, such as childcare, home maintenance, or elder care. Families can also seek compensation for the loss of future benefits, such as pensions or health insurance. Courts may consider the deceased’s age, income, and life expectancy when calculating long-term losses. While punitive damages aren’t allowed, separate survival actions may recover for pain and suffering before death. 

How can a wrongful death attorney in Paramus help me prove negligence in my case?

A skilled wrongful death lawyer goes beyond gathering basic evidence. They issue spoliation letters, work with financial and medical experts, and uncover hidden liability—whether from a third-party contractor, property owner, or product manufacturer. Their strategic approach helps build a stronger case and maximize your family’s recovery. 

Who is eligible to file a wrongful death claim in Paramus?

Though the estate’s personal representative or administrator files the claim, compensation goes to the surviving family based on their level of dependence. Spouses and children often take priority, but parents or other dependents may also qualify. In some cases, especially without a will, the court decides how to divide the award.

These answers provide a starting point. For guidance specific to your situation, contact our team today for a confidential consultation. 

Talk to a Paramus Wrongful Death Lawyer Today

No amount of money can undo what happened. But holding the responsible party accountable can provide financial relief and a sense of justice. Brach Eichler Injury Lawyers is here to guide your family through every step of the legal process.

For a private case evaluation, call (973) 364-8300, complete our online form.

Let us help you find answers. Let us fight for your family.

 

Written by: Brach Eichler Injury Lawyers Last Updated : April 22, 2025
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