Wrongful Death

Union County Wrongful Death Lawyer

Also Serving Essex County and All of the North Jersey Region

Losing a loved one is never easy, but when it happens because another person or institution was negligent, it can be even worse. Financial compensation can’t remove the personal pain, but it can help ease the transition loved ones have as they move forward to the next phase of their lives. That’s the purpose behind a wrongful death lawsuit.

Attorney Michael Chelland is a Union County lawyer with a sharp, professional grasp of New Jersey law governing these cases, and he brings a deep reservoir of personal compassion to sensitive situations like these. He’s the kind of lawyer we think you’ll be glad to have on your side.

Call (908) 948-8395 today or contact us online to schedule a free consultation. We can meet in person or via video conference.

What Constitutes a Wrongful Death Claim in New Jersey?

Under New Jersey law, a wrongful death is defined as a death that occurs due to a wrongful act, neglect, or default of another party, similar to what would have constituted grounds for a personal injury claim if the victim had survived. Common examples include deaths caused by auto accidents, medical malpractice, defective products, or workplace incidents.

Under New Jersey law, the lawsuit must be filed by the personal representative of the deceased’s estate. Beneficiaries will typically be limited to the spouse and children of the deceased. However, if these do not exist, other family members may be eligible, depending on the circumstances.

Common Challenges in Wrongful Death Cases

Pursuing a wrongful death claim can be emotionally taxing and legally complex. Families often encounter several challenges as they seek justice and compensation.

Here are the most common hurdles faced during wrongful death cases:

Proving Negligence or Fault

Establishing that another party’s negligence, recklessness, or intentional actions caused the death is necessary. This often requires strong evidence such as medical records, accident reports, eyewitness statements, or expert witness testimony. Proving fault can become particularly difficult if evidence is incomplete or disputed.

Dealing with Insurance Companies

Insurance companies may attempt to minimize payouts by disputing liability or undervaluing a claim. Negotiating fair compensation can be challenging, especially if the insurer claims the deceased shared some responsibility. Attorney Michael Chelland, with a background that includes working inside the insurance industry, may prove a valuable ally in helping you to deal with these tactics.

New Jersey’s Filing Deadlines

New Jersey imposes a two-year statute of limitations for these claims, but exceptions can exist in certain cases. Missing this deadline can make pursuing compensation impossible.

Legal and Procedural Complexities

Wrongful death cases often involve complicated legal steps, including appointing a personal representative of the deceased’s estate and adhering to procedures under New Jersey’s Wrongful Death Act. Dealing with all of this can be difficult under any circumstances, and even more so when simultaneously coping with the emotional pain of losing a loved one. We’re here to help take some of that load off your shoulders.

Intestate Succession Rules for Damages

New Jersey mandates that damages awarded in wrongful death claims be distributed according to intestate succession laws, presuming the deceased did not have a will. Disputes among family members about how to divide compensation can add further stress during an already difficult time.

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Potential Damages in a New Jersey Wrongful Death Claim

Economic damages in a wrongful death claim cover the measurable financial losses directly resulting from the death. These may include:

Loss of income and future earnings: This is compensation for wages the deceased would have earned had they lived, particularly if they were the primary breadwinner.
Medical expenses: There should be reimbursement for medical costs incurred prior to the deceased’s passing.
Funeral and burial costs: Families can recover the costs associated with memorial services, burial, or cremation.

New Jersey law also permits economic damages to include the loss of services such as childcare, household duties, and other contributions the deceased would have made.

Non-economic damages address intangible losses the family experiences due to the person’s absence. These often include the following:

Loss of companionship: This is for the emotional impact of losing a spouse, parent, or close relative who provided guidance, care, and affection.
Loss of parental guidance: For children, this includes the emotional and practical void left by a parent’s death.

Unlike some states, New Jersey does not permit damages for the deceased’s pain and suffering in a wrongful death claim. Families are also barred from recovering punitive damages unless a separate survival action is filed.

Better Days Are Closer Than You Think

With Michael Chelland, You Have A Warrior On Your Side

We genuinely care about you—your journey, your recovery, and making sure you’re supported every step of the way. Here's what sets us apart.

Personal Attention

We understand how overwhelming this time can be. We take the time to listen and address your concerns with care and understanding.
Strategic Advocacy

We focus on creating practical solutions tailored to your unique situation, keeping your needs at the forefront of everything we do.
Relentless Pursuit of Justice

Our compassionate care turns into steadfast persistence with insurance companies, working toward fair compensation.
Guidance You Can Trust

We guide you through every step of the process with transparency and clear communication, allowing you to focus on recovery.

A Union County Lawyer Who Has Your Back

When we take a wrongful death case, we do it on contingency. That means you only pay a fee if we secure a settlement. You can count on us to have your back throughout the process, whether it’s negotiation or litigation. We’re also available 24/7 to answer your questions and keep you up to speed on the case.

Call (908) 948-8395 today.

View All Reviews

"Absolute Game-Changer"
His strategic approach, attention to detail, and communication instilled confidence in me throughout the entire process. I felt empowered and supported every step of the way.

- Vanessa P.
"I Felt Like A Priority"
Michael made the entire process seamless. Not only is he incredibly knowledgeable, but he also demonstrates genuine compassion for his clients.

- Tasha D.
"Helpful And Knowledable"
Extremely professional, very helpful and knowledgeable. Mr. Chelland provided me with excellent legal counsel on multiple occasions and I highly recommend!

- Former Client