Wrongful Death


     When a person dies because of injuries caused by the wrongful acts and negligence of another, that failure to use ordinary care is actionable on behalf of the estate of the deceased and his heirs. The heirs normally are the spouse and children who received benefit from the deceased during his or her life.

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     Michael A. Mark is an experienced New Jersey Trial Lawyer. He is one of about 2% of all New Jersey lawyers that have been Certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Mr. Mark had to demonstrate substantial trial experience and educational involvement, take a rigorous examination in Trenton, New Jersey and obtain recommendations from other attorneys and Superior Court Judges. After review, the New Jersey Supreme Court in 1998 granted Mr. Mark the status as a Board Certified Civil Trial Attorney. He has provided expert legal service to innocent accident victims on a statewide basis for over 24 years. Presently, Mr. Mark continues to represent persons that have been the victim of accidents through no fault of their own      Mr. Mark is available to meet with you, free of charge, to discuss your case as a way of giving back to the community. He is available to talk by phone or in person. Or, if you need assistance locating a lawyer in a specialized area of law (such as copyright, maritime, trademark infringement, etc.), Mr. Mark will help you, free of charge.
     Some of the most common accidents which may result in a wrongful death include:
  • Accidental death
  • Auto accidents
  • Premises liability
  • Construction accidents
  • Defective products or dangerous materials
  • Medical malpractice
  • Daycare injuries
      Some accidents may result in the wrongful death of a family member. Under New Jersey law, a close relative or family member may bring a civil action against the negligent and responsible parties who caused the accident resulting in your loved one's death. While any recourse will not bring your loved one back, it is essential that the responsible parties be held accountable for their actions. Mr. Mark will aggressively fight for this right.

     If a loved one has been killed in an accident, it is important to contact us right away to review the facts of their fatal incident. If after our free initial consultation you decide to pursue a claim for wrongful death, we will file the necessary documents against the person or business responsible for the accident.

     We understand that no amount of monetary compensation will bring back your loved one, but we also strongly believe that people must pay for their actions. Additionally, the money recovered from a wrongful death lawsuit can assist with any outstanding medical expenses, funeral costs, as well as income replacement if the deceased was the primary income earner.

     Unfortunately, there are significant limitations on what types of compensation are recoverable in wrongful death cases in New Jersey. Thus, careful attention must be paid to developing the claims of conscious pain and suffering of the deceased, proving recoverable losses to the beneficiaries and retaining the right experts to demonstrate the losses suffered. The harms and losses must be shown in clear detail so that a jury award or settlement can completely fix what harms can be fixed, to make up for what has been lost and to compensate for that which cannot be fixed and cannot be made up for. Economic damages are not limited to actual financial loss. Frequently a complete life story has to be told to fully communicate the losses of care, guidance, companionship, supervision and services that have been lost to the family members surviving.

     A survivorship action is often discussed as a part of what is considered Wrongful Death litigation. However, this is in fact a separate claim of the deceased's estate and is permitted under a separate statute than a Wrongful Death Claim. It means that when a person has been injured by the wrong doing of another and eventually suffers death either due to that injury or an intervening event, the claim that he or she had during his lifetime against the wrongdoer for injuries sustained survives and is a claim that can be brought by his or her Estate for the conscious pain and suffering and money damages that may have been sustained prior to death.

     Do not hesitate to call for an interview.


We practice civil and criminal law in all New Jersey Municipal courts and in the Law Division and Appellate Division of the New Jersey
Superior Court. We have Appeared in many Courts in Counties such as Bergen, Passaic, Morris, Hudson, Union, Somerset, Atlantic,
Burlington and Sussex. Call us today at 973-423-9000 for a free consultation.

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