Wrongful Death & Survivorship

When the death of a family member or loved one occurs by tragic accident or at the hands of intentional viciousness by third-parties, the resulting trauma and grief suffered by the victim’s surviving family and dependents is immeasurable. Often times, the emotional toll suffered by the surviving family member is compounded by the loss of financial support and guidance from the loss of life. After death, and frequently as a result of unexpected and sudden, tragic circumstances, families are thrust into the reality of quickly facing complex legal issues concerning their loved one’s estate and pursuit of damages against all responsible persons and entities. The laws in New Jersey concerning who may pursue such claims and for what type of damages is intricate and has evolved over time. Pursuit of civil claims for Wrongful Death and Survivorship on behalf of the decedent’s heirs and next of kin is one way to seek justice for the deceased and compensate their dependents for their loss. The New Jersey Wrongful Death Act permits a decedent’s dependents to pursue civil claims against those negligently responsible for causing the death of their relative and to obtain financial compensation for their economic and pecuniary loss resulting from the death. The New Jersey Survivorship Act permits those representatives of a decedent’s estate to pursue and collect damages on behalf of claims that the decedent would have had if death did not occur such as their pain and suffering.

DiFrancesco, Bateman has an extremely dedicated and very experienced group of attorneys with expertise in representing families in Wrongful Death and Survivorship Action. Not only does our team of Wrongful Death and Survivorship attorneys have the extensive knowledge and experience as civil litigators and fierce advocates but we also possess the heightened level of compassion, dignity and respect when interacting with and advising such clients during their grieving process. The area of this law while well-intended by our Legislature to compensate surviving victims, frequently shocks survivors when the reality of the limitations as to the nature and type of recovery afforded under the strict statutory framework is revealed in practice. Our knowable and compassionate team of attorneys work with our clients and families from the very beginning or our engagement in order to educate and guide them through this complicated process.

Our Wrongful Death and Survivorship group of attorneys are also well versed in collateral areas of the law involving such claims. We are familiar and experienced in estate administration and probate matters that are routinely intertwined with civil death and survivorship claims. We are also experts in analyzing and pursuing claims under New Jersey’s Slayer Statute against individuals who may stand to profit from their wrongdoing such as those who intentionally murder and kill a spouse or other close family member. We are also experiencing in assisting our clients navigate their way through the criminal justice as crime victims when involved in prosecutions of criminal defendants. The firm also has unmatched experience in assisting clients with understanding and pursing their rights as crime victims with the New Jersey Victims of Crime Compensation Office. At DiFrancesco, Bateman our experienced civil attorneys endlessly fight for our clients and families in order to obtain the maximum compensation they are entitled to and to keep the memory of their lost loved ones alive.







  • "DiFrancesco Bateman's attorneys helped me recover a substantial personal injury settlement after I suffered life-threatening injuries in a motor vehicle accident. The firm provided constant attention, responsiveness, and excellent advice with my claims throughout the entire traumatic ordeal and long recovery period. I am extremely satisfied with DiFrancesco Bateman and I would recommend their personal injury services to anyone."

    — Louis H
  • "DiFrancesco Bateman successfully facilitated our small business' acquisition transaction. The firm answered all of our questions and was exceptionally diligent on our behalf."

    — Tom's Service Center, Bogota, NJ