®Lodi Wrongful Death Lawyer
Losing a loved one because of someone else's carelessness is a pain no family should ever face. At The Law Offices of Peter N. Davis & Associates, LLC, our Lodi wrongful death lawyer stands with grieving families and fights for the answers and compensation they deserve.
24/7 Service Available
Right now, you may be facing funeral bills, lost income, and an insurance company that wants to close the file fast. If you wait too long, key evidence can disappear and a strict 2-year deadline can end your family’s right to file.
As a trusted Lodi personal injury lawyer with an office on Essex Street, we have recovered over $1 billion for clients in over 37 years. You can see how hard we fight for people by reviewing our case results.
Call us at (973) 279-7246 or reach out online today so we can start protecting your family’s rights.
Proving a wrongful death claim
New Jersey’s Wrongful Death Act, N.J.S.A. 2A:31-1 et seq., lets a family seek money when a death is caused by a wrongful act, neglect, or default. To build the claim, our team must prove four things:
- Duty of care: The person or company owed your loved one a duty to act with reasonable care. Drivers, doctors, employers, and property owners all owe this duty.
- Breach of duty: They failed to meet that duty through a careless act or a failure to act. Speeding, ignoring a safety rule, or missing a clear warning sign are common examples.
- Causation: The breach directly caused your loved one’s death. We use records and expert opinions to connect the careless act to the fatal harm.
- Damages: The death caused real financial losses for the family. These include lost income, lost help at home, and medical and funeral costs.
Hypothetical scenario: A 52-year-old man tells his doctor about stomach pain, blood in his stool, and weight loss, but the doctor never orders a colonoscopy. A year later, he is diagnosed with late-stage colon cancer and dies within months.
All four elements could be met here, since the doctor owed a duty of care and skipped a standard test. The delay let the cancer spread, and his wife and children lost the income and support he would have provided.
Additional reading: the four elements of a wrongful death claim in New Jersey
Damages available in a wrongful death claim
In New Jersey, wrongful death damages cover the financial losses your family suffers because of the death. Under N.J.S.A. 2A:31-5, these may include:
- Lost income and support: The wages and benefits your loved one would likely have provided to the family over time.
- Lost household services: The value of tasks like childcare, home repairs, driving, and caring for relatives.
- Lost guidance and companionship: The advice, care, and training a parent, spouse, or child would have given, measured in financial terms.
- Medical costs: Hospital and medical bills from the final injury or illness.
- Funeral and burial costs: Reasonable expenses for the service, burial, or cremation.
New Jersey law does not allow wrongful death damages for the family’s grief or emotional pain. Your loved one’s own pain and suffering before death is recovered through a separate survival action, which we explain below.
New Jersey does not cap these financial losses. Punitive damages are only possible in the survival action, and N.J.S.A. 2A:15-5.14 generally caps them at five times the compensatory damages or $350,000, whichever is greater.
Peter N. Davis
Founder & Personal Injury Attorney
Peter N. Davis has spent over 37 years representing injured people across New Jersey. Before starting his firm, he worked in insurance defense, giving him firsthand insight into how insurers evaluate and fight claims. He is licensed in New Jersey, New York, and Colorado and earned his J.D. from Golden Gate University School of Law.
Ask a Question,
Describe Your Situation,
Request A Free Case Review
Fill out the form below or feel free to call us at (973) 279-7246(973) 279-7246
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
How much could your claim be worth?
There is no average wrongful death settlement that fits every New Jersey family, because each claim depends on the life that was lost and the support it provided. We look at your loved one’s age, health, income, and role in the home to build a picture of your family’s losses.
These are some of the main factors we weigh when we value a claim:
| Factor | Why it matters |
|---|---|
| Age and life expectancy | A longer expected life usually means more years of lost income and support. |
| Earnings and benefits | Pay, raises, health coverage, and retirement benefits all count toward lost support. |
| Role in the home | Childcare, cooking, driving, and home repairs have a real dollar value. |
| Ages and needs of the heirs | Young children may lose many years of a parent’s guidance and care. |
| Medical and funeral bills | These costs are added to the claim when the family paid for them. |
| Fault and available insurance | Shared fault can lower an award, and policy limits can affect how much is collected. |
What is a wrongful death claim?
A wrongful death claim is a civil lawsuit filed when someone dies because of another person’s negligent or intentional actions. Its goal is to recover money for the family’s financial losses, not to send anyone to jail, so it can move forward even if no criminal charges are filed.
Additional reading: what families should know about wrongful death lawsuits in New Jersey
Who can file a wrongful death claim?
In New Jersey, the claim is filed by an administrator ad prosequendum, or by the executor if your loved one left a probated will, under N.J.S.A. 2A:31-2. That person sues for the heirs who would inherit under state law, such as a spouse, children, or parents, depending on who survives.
More distant relatives, like brothers and sisters, may benefit only when closer heirs do not exist. The person serving in this role does not keep the money, because they act for the whole family.
In Bergen County, families usually apply for this appointment through the Bergen County Surrogate’s Court in Hackensack. We can help you gather the papers the Surrogate requires so the claim is not delayed.
Wrongful death vs. survival action
A wrongful death claim pays the family for its own losses. A survival action, under N.J.S.A. 2A:15-3, lets the estate recover what your loved one could have claimed if they had lived, including pain and suffering before death.
New Jersey allows both claims to be brought together in one lawsuit. Here is how they compare:
| Wrongful death claim | Survival action | |
|---|---|---|
| Law | N.J.S.A. 2A:31-1 et seq. | N.J.S.A. 2A:15-3 |
| Who it helps | The heirs who would inherit under state law | The estate of the person who died |
| Brought by | Administrator ad prosequendum or executor | Administrator or executor of the estate |
| What it covers | Lost income, support, services, and guidance, plus medical and funeral costs | Losses your loved one suffered before death, such as pain and suffering, plus funeral and burial costs |
| Grief of the family | Not recoverable | Not recoverable |
| Punitive damages | Not available | Possible with proof of actual malice or wanton and willful disregard |
| Usual deadline | 2 years from the date of death | Generally 2 years; we confirm the exact date for each case |
Types of wrongful death cases our Lodi wrongful death lawyer handles
Fatal accidents happen on busy roads like Route 46 and Route 17, at job sites, and in places families trust to keep loved ones safe. Preliminary New Jersey State Police data shows 583 people died on New Jersey roads in 2025, including 32 in Bergen County.
We handle a wide range of fatal injury cases, including:
- Fatal car accidents: Head-on, rear-end, and intersection crashes can take a life in seconds. Our Lodi car accident lawyer team knows how to prove fault in these crashes.
- Truck and motorcycle crashes: Large trucks and unprotected riders are involved in many deadly collisions. We look at driver logs, maintenance records, and black box data.
- Pedestrian and bicycle deaths: People on foot or on bikes have little protection against a moving vehicle. Drivers who fail to yield or drive distracted can be held responsible.
- Medical malpractice: Missed diagnoses, surgical mistakes, and medication errors can turn a treatable condition into a fatal one. We work with medical experts to review the care your loved one received.
- Nursing home abuse or neglect: Bedsores, falls, and poor care can lead to a resident’s death. Owners and staff have a duty to keep residents safe.
- Defective products: Faulty car parts, devices, or medicines can cause fatal injuries. The maker or seller may be held liable.
- Workplace and construction deaths: Falls, electrocutions, and equipment accidents claim workers’ lives. A contractor, property owner, or equipment maker may share the blame.
Additional reading: four signs of nursing home abuse
If you are unsure whether your situation qualifies, call (973) 279-7246 and our attorneys will review your case for free.
Reach our wrongful death attorney in Lodi with one call
Reaching us is simple, and we answer calls 24/7. You can contact us in any of these ways:
- Phone: Call (973) 279-7246 any time, day or night.
- Online: Fill out the short form on our contact page and we will reach out to you.
- In person: Meet with us at our office at 72 Essex Street, Suite 2, Lodi, NJ 07644.
Your consultation is free, so call (973) 279-7246 or send us a message to talk about your family’s options today.
Misconceptions about wrongful death lawsuits
Many families hold back from calling a lawyer because of things they have heard. Here are some common myths and the facts:
- “The family can sue for its grief”: Under current New Jersey law, wrongful death damages cover financial losses, not grief. That is why we document every financial and household loss.
- “A stay-at-home parent’s death has no value”: The care, cooking, driving, and guidance that parent gave have real financial value. We count those services as part of the claim.
- “Every case ends up in a courtroom”: Most wrongful death claims settle without a trial. Still, we prepare each case as if it will go before a jury.
- “Older or retired victims have no claim”: Age does not bar a wrongful death claim. Lost support, care, and medical and funeral costs can still be recovered.
- “You have to wait for the criminal case to end”: A civil claim follows its own timeline. Waiting for a criminal case can put the filing deadline at risk.
How our Lodi wrongful death attorney supports grieving families
Grieving families should not have to fight insurance companies alone. Here is how we take that weight off your shoulders.
Deadlines and filing requirements
Under N.J.S.A. 2A:31-3, most wrongful death lawsuits must be filed within 2 years from the date of death. If the death resulted from murder, aggravated manslaughter, or manslaughter and the defendant was convicted or found not guilty by reason of insanity, the claim may be brought at any time.
If a town, county, state agency, or other public entity may share the blame, a written notice of claim is usually due within 90 days under N.J.S.A. 59:8-8 of the Tort Claims Act. Missing any of these deadlines can end your family’s right to recover.
Additional reading: how long you have to file a claim in New Jersey
Building the evidence in a fatal accident case
We collect medical records, autopsy results, police reports, pay stubs, tax returns, and witness statements. This lets you focus on your family while we build the case.
Acting early matters, because video footage can be erased and witnesses can forget key details. We may request records from the Lodi Police Department, hospitals such as Hackensack University Medical Center, and any employer or business involved.
Identifying liable parties
More than one person or company may share the blame for a death. Doctors, hospitals, employers, drivers, trucking companies, and product makers can all be liable.
New Jersey uses modified comparative negligence under N.J.S.A. 2A:15-5.1. Your family can recover if your loved one was not more at fault than the defendants combined, but the award is reduced by your loved one’s share of fault.
Hypothetical scenario: A driver is going 10 miles over the limit through a Bergen County intersection. A delivery truck with worn brakes runs the red light and strikes the car, and the driver dies at the scene.
Additional reading: filing a fatal truck accident lawsuit in New Jersey
A jury might find the truck driver 50% at fault, the company that skipped brake repairs 30% at fault, and the deceased driver 20% at fault. The family could still recover from both the truck driver and the company, but the award would be reduced by 20%.
Additional reading: how comparative negligence works in New Jersey
Legal fees for wrongful death cases
You pay nothing upfront to hire us. We work on a contingency fee, which means our fee comes from a portion of the money we recover, and if we do not recover money for you, you do not pay us a fee.
New Jersey Court Rule 1:21-7 caps contingency fees in these cases at 33 1/3% of the first $750,000 recovered. This keeps fees fair and lets any family get strong legal help during a hard time.
Why Peter's insurance background helps grieving families
Peter N. Davis worked as an insurance defense lawyer before he began fighting for injured people and their families. He knows the tactics insurers use to pay grieving families less, and he uses that knowledge to fight back.
Our firm has helped over 18,000 clients and recovered over $1 billion in over 37 years. Peter is licensed in New Jersey, New York, and Colorado, and he is an NFLPA Certified Contract Advisor.
Families across the state turn to us when they need a New Jersey wrongful death lawyer who treats their case as personal. We know how the courts in Bergen County handle these claims, and we answer calls 24/7 because loss does not keep business hours.
We are proud to give back as a partner of Seton Hall Athletics, the Brooklyn Cyclones, the New Jersey Devils and the Prudential Center. We also support Bucket City Basketball in Garfield and fund the Rise Above Scholarship for New Jersey college students.
Our promise to every family is simple: Injured in Jersey? Peter’s Got Your Back!
What Our Clients Are Saying About Us!
Real Clients and Real Reviews
I had a very positive experience with the Law Offices of Peter N. Davis & Associates. Nick Barrone handled my case, and I couldn’t be happier with the level of service I received. After my auto accident in Jersey City, NJ, I was dealing with ongoing back and neck pain and wasn’t sure what to expect from the legal process. Nick was professional, attentive, and always made sure I understood each step along the way. He took the time to answer my questions and genuinely cared about my situation. I felt supported throughout the entire process, which made a stressful situation much easier to handle. The firm worked diligently on my behalf and kept me informed the whole time. I truly appreciate their dedication and effort in helping me through this difficult experience. I highly recommend them to anyone in need of a reliable and compassionate attorney.
I highly recommend Peter Davis & Associates. In particular, Mr. David Ventoso, Esq. did an excellent job helping and assisting me. Mr. Ventoso was knowledgeable, professional and responsive.
All the staff members at the firm took the time to explain every detail and step of the process; they answered all my questions and were always kind. Special thanks to Ms. Carolyn for doing an amazing job.
If you're looking for an attorney in NJ who is trustworthy and really cares, Peter Davis & Associates is an excellent choice.
I highly recommend the Law Offices of Peter N. Davis.
After I was rear-ended in a car accident and suffered injuries to my neck and back, they provided outstanding representation during a very difficult time in my life.
My attorney, Robert Russotti, and my case manager, Muminah Ramadan, were professional, compassionate, and attentive throughout the entire process. They helped me obtain the medical treatment I needed and were always available to answer my questions and address any concerns I had. Their diligence, communication, and dedication gave me peace of mind while I focused on my recovery.
I am truly grateful for the support and guidance they provided during my hardship. I would not hesitate to recommend the Law Offices of Peter N. Davis to my family and friends.
Thank you so much for your help.
I want to especially thank David Ventoso for always informing me what was going on with my case. He kept up with all my questions and answered every time I called him.
Awesome staff also
Thank you again
Angela Selby
I had a great experience working with David Ventoso at the Law Offices of Peter N. Davis after my motor vehicle accident. I suffered injuries to my knee and lower back, and Mr. Ventoso along with Carolyn guided me through the entire process from start to finish.
They were always responsive to my questions and concerns, kept me informed, and made everything as stress-free as possible. They also referred me to receive the medical treatment I needed, which made a huge difference during my recovery.
Thanks to their hard work and dedication, I was very pleased with my compensation. I highly recommend this law firm to any friends or family in need of a personal injury attorney.
The legal process for a wrongful death lawsuit
We guide your family through each step of the case. Here is what the process usually looks like:
- Free consultation: We listen to your story and explain your rights at no cost. You will leave knowing your options and next steps.
- Estate appointment: We help the right family member get appointed as administrator ad prosequendum. This gives that person the legal power to bring the claim.
- Investigation: We gather records, reports, and expert opinions to prove fault. We also add up every financial loss your family faces.
- Demand and negotiation: We present the claim to the insurance companies and push for a fair offer. Many cases settle at this stage.
- Filing the lawsuit: If talks stall, we file suit in the Superior Court of New Jersey, often at the Bergen County Justice Center in Hackensack. Filing on time protects your family’s rights.
- Discovery: Both sides trade documents and take sworn testimony called depositions. This stage shows how strong each side’s case is.
- Trial if needed: If no fair settlement is offered, we take your case to a jury. We fight for the full value of your family’s losses.
Additional reading: the steps to filing a wrongful death suit in New Jersey
No Fee Unless You Win
Learn more about our firm or read about our case wins and community work in our press releases.
No fee unless you win
Learn more about our firm or read about our case wins and community work in our press releases.
Talk privately with a wrongful death lawyer in Lodi
You do not have to face this loss or the insurance companies alone. Our Lodi team offers caring, strategic legal help to grieving families, and we are ready to listen, answer every question you have, and start working today to protect your family’s future and your loved one’s memory.
Call (973) 279-7246 or contact us online for a free, private consultation with our team.
No Fee Unless You Win
Call us 24/7 at (973) 310-6678 or contact us online for your free case review.
No fee unless you win
Call us 24/7 at (973) 310-6678 or contact us online for your free case review.
Lodi Office
Ask a Question,
Describe Your Situation,
Request A Free Case Review
Fill out the form below or feel free to call us at (973) 279-7246(973) 279-7246
Required Fields*
Your Information Is Safe With Us
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Frequently Asked Questions
What if our loved one died weeks or months after the accident?
You may still have a wrongful death claim if injuries from the accident caused the later death. The 2-year deadline generally starts on the date of death rather than the accident date, but any injury claim your loved one filed while alive can affect how we proceed.
What if the at-fault party has little or no insurance?
We look for every source of payment, including other liable parties, business policies, and umbrella coverage. If a car crash caused the death, your loved one’s own uninsured or underinsured motorist coverage may also help when the at-fault driver’s policy is too small to cover the losses.
How is the money divided among family members?
Wrongful death money is for the exclusive benefit of the heirs who would inherit under New Jersey law, in the shares that law sets. If some heirs relied on your loved one for support, a judge can adjust the shares based on factors like age, health, schooling needs, and income.
Should we talk to the insurance company?
It is best to let our team handle those calls for you. Adjusters may ask for recorded statements or quick signatures on releases, and anything you say can be used to lower the claim, so refer them to our office and we will protect your family’s interests.
What records should our family save right now?
Keep funeral receipts, medical bills, pay stubs, tax returns, and any letters from insurance companies in one safe place. Also save photos, texts, and witness contact details, and avoid posting about the death or the case on social media, since insurers often review public posts.