Nutley Wrongful Death Lawyer Essex County, New Jersey
If you were hurt in Hackensack, James Vasquez fights to get you every dollar you are owed. He has represented Bergen County's injured since 2004, and he knows this county seat's I-80, Route 4 and Route 17 corridors, its historic Hackensack River bridges, and the streets around Main Street and Hackensack University Medical Center.
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Same settlement, two very different pots
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Most attention goes to establishing liability. What decides how much a family actually keeps is frequently a paragraph in the settlement agreement.
The wrongful death claim belongs to the surviving family. New Jersey courts have long held that a recovery under it goes not to the estate but to designated persons or next of kin, that it is not liable for the debts of the deceased, and that it is not subject to disposition by will. The Supreme Court put the contrast plainly in 1981: unlike an action for wrongful death, the survival action inheres in the estate and is therefore subject to devise and to the claims of creditors. So survival proceeds are an estate asset. They pass under the will or by intestacy, they can be reached by the decedent's creditors, and they enter the calculation for tax. The state's inheritance tax regulation is specific: any sum recovered under the Death Act representing damages the decedent sustained between the date of injury and the date of death, including care, nursing, medical attendance, hospital charges, loss of earnings and pain and suffering, is included in the decedent's estate. Compensation for the wrongful death itself is not. New Jersey's estate tax was repealed with effect from 2018, though the inheritance tax remains and can apply to the survival portion where beneficiaries are not a spouse or a lineal ascendant or descendant. None of this is tax advice, and a family in this position should have a tax professional involved alongside a lawyer. James Vasquez has handled New Jersey injury claims since 2004.
Fatal claims we handle for Essex County families
The allocation question arises whatever caused the death.
How each is treated once it arrives
Six differences, and each affects what a family keeps.
Creditors
The Supreme Court has held that a survival action inheres in the estate and is subject to the claims of creditors. The wrongful death recovery is not.
Why it matters: where the decedent left medical bills, loans or unpaid tax, this is frequently the largest practical difference in the case.
Tax treatment
Sums representing damages the decedent sustained between injury and death are included in the estate for inheritance tax purposes. Wrongful death compensation is not.
Why it matters: the inheritance tax can apply where beneficiaries are not a spouse or lineal ascendant or descendant, so the split has a direct cost.
How it is divided
Wrongful death proceeds are apportioned among those entitled, in shares reflecting dependency and related factors, by court order where needed.
Why it matters: shares are not automatically equal, and a dependency hearing may be required where family circumstances are not straightforward.
Who receives it
Wrongful death proceeds go to the designated beneficiaries. Survival proceeds are paid into the estate.
Why it matters: the wrongful death recovery does not pass under a will, so it reaches the family regardless of what the will says.
The will
Survival proceeds are distributed under the will, or by intestacy where there is none. Wrongful death proceeds are not subject to disposition by will.
Why it matters: a will leaving everything to one person does not redirect the wrongful death recovery away from dependent family members.
Who signs the release
The survival claim is released by the executor or general administrator. An administrator ad prosequendum does not have authority to sign it.
Why it matters: the appointment has to be in place before a settlement can be concluded, which is a reason to start it early.
None of this is visible from the settlement figure. All of it determines what actually reaches the people the claim was brought for.
Four things about splitting a settlement
None of this is tax advice. A family in this position should have a tax professional involved alongside a lawyer.
An unallocated settlement is treated as the estate's
Where an action settles by compromise without designating the amount under each count, the regulation applies the recovery first toward funeral expenses and the decedent's care and medical charges, and treats it as fully includible in the estate.
Creditors and tax reach all of it
That default puts the whole recovery into the pot creditors can claim against and that enters the inheritance tax calculation, rather than only the survival portion.
Designate the amounts
A settlement that states how much is allocated to each claim is what preserves the distinction the law otherwise draws between them.
It has to be defensible
An allocation is not a free choice. It should reflect the actual value of each claim on the evidence, and it may be reviewed.
This is a paragraph in a settlement agreement that can be worth more than months of negotiation on the figure itself. For how these claims work statewide, see the wrongful death practice area page.
Two things families expect and one they do not get
Worth knowing at the outset rather than discovering at the end.
The wrongful death claim is limited to pecuniary loss
Recovery is directed at the pecuniary advantage that would have resulted from the continuance of the life, which covers lost financial support and the value of services, guidance and companionship the family has lost. What New Jersey does not compensate under this claim is grief or emotional suffering. Families are frequently shocked by that, and being told at the start is considerably better than learning it during a valuation discussion.
The survival claim covers what happened before death
It compensates what the person themselves endured between injury and death, including conscious pain and suffering, medical expenses and lost earnings in that period. Where death was instantaneous there may be little to it. Where a person survived for a period aware of what was happening, it can be substantial, and it is the claim that carries the estate's exposure to creditors and tax.
Three rules about the two recoveries
Confirm current tax provisions, which have changed and continue to.
The survival action belongs to the estate
Unlike an action for wrongful death, the survival action inheres in the estate and is therefore subject to devise and to the claims of creditors. New Jersey courts have long held that a wrongful death recovery goes to designated persons or next of kin rather than to the estate, is not liable for the debts of the deceased, and is not subject to disposition by will.
What is included in the estate for tax
Any sum recovered under the Death Act representing damages sustained by the decedent between the date of injury and the date of death, including care, nursing, medical attendance, hospital charges, loss of earnings and pain and suffering, is included in the decedent's estate. Compensation for the wrongful death itself is not.
The default where nothing is designated
Where an action terminates through settlement by compromise payment without designating the amount to be paid under each count, the amount recovered is first applied toward funeral expenses and the charges incident to the injury, and is fully includible in the estate.
The appointment required before either claim can be filed, the two year deadline running from death and how pecuniary loss is measured are covered on the wrongful death practice area page and the Nutley personal injury page.
What to raise early
Four things that shape what a family keeps.
Establish whether the estate has debts
Medical bills, loans and unpaid tax can reach the survival portion and cannot reach the wrongful death portion. That answer shapes the whole approach.
Identify who the beneficiaries are
Whether they are a spouse or lineal ascendants or descendants affects whether the inheritance tax applies to the survival portion.
Get both appointments in place
The survival release must be signed by an executor or general administrator. An administrator ad prosequendum cannot sign it.
Involve a tax professional
Allocation between the claims has real tax consequences, and this is genuinely their territory rather than a lawyer's alone.
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James Vasquez
Before James Vasquez ever represented an injured person, he sat on the other side of the table. As a former prosecutor and insurance-defense attorney, he spent years learning exactly how these cases are won and lost.
Now he uses it for you. When adjusters and opposing counsel face James, they're facing someone who has read their playbook, argued in their courtrooms, and knows precisely where their arguments break.
Based in Clifton and serving Passaic, Morris, and Essex Counties, his firm gives every client James's personal attention, backed by a team that knows your file cold.
Answers, before you even call.
Anything else you’d like to know? Get in touch with our sales team and we’d be happy to discuss your questions.
Hear Our Clients’ Stories
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
Kraig Moultrie
Hear Our Clients’ Stories
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
Martina Contreras
What it's actually like to work with us
We'll skip the sales pitch. This is what it's actually like to have James in your corner; straight from the people who've been there.
"Staff is very Friendly. They keep you informed on a regular basis. The Attorneys are the best. Would recommend this Law firm to anyone."
"James Vasquez is one of the best Lawyers. He knows what he's doing at all times, very Professional along with his staffs that entire office has very good attitude. He keeps you updated and gives good advise he did very good with my case and I highly recommend him. He deserves more than five stars!"
"James Vasquez and his team took care of my case like if it was their own. I was able to take care of my car accident case, and even during this pandemic. I never felt pressured, and they were definitely patient with my case."
"Throughout this process, James and I kept in touch via email, and he offered his guidance every step of the way."
"I would highly recommend anyone to hire him!"
"Mr. Vasquez was able to recover a good settlement for me and he recommended me to great medical professionals to help with my back and neck injuries."
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
"Staff is very Friendly. They keep you informed on a regular basis. The Attorneys are the best. Would recommend this Law firm to anyone."
"James Vasquez is one of the best Lawyers. He knows what he's doing at all times, very Professional along with his staffs that entire office has very good attitude. He keeps you updated and gives good advise he did very good with my case and I highly recommend him. He deserves more than five stars!"
"James Vasquez and his team took care of my case like if it was their own. I was able to take care of my car accident case, and even during this pandemic. I never felt pressured, and they were definitely patient with my case."
"Throughout this process, James and I kept in touch via email, and he offered his guidance every step of the way."
"I would highly recommend anyone to hire him!"
"Mr. Vasquez was able to recover a good settlement for me and he recommended me to great medical professionals to help with my back and neck injuries."
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
The appointment and the tax questions run in parallel with the claim.
Makes the appointments and issues the letters. Both an administrator ad prosequendum and a general administrator may be needed, and they are separate.
Civil suits arising from Essex County deaths are filed with the Civil Division at the Hall of Records on Dr. Martin Luther King Jr Boulevard in Newark.
Administers the inheritance tax, and reviews allocations where that tax is in play. Its regulation governs what enters the estate.
Holds the incident or crash report where the death occurred in the township, including collisions on Franklin Avenue and the Route 3 and Route 21 approaches.
Hurt in New Jersey? Let's Talk.
James Vasquez gives injured people across New Jersey a free, no obligation case review. Tell us what happened and we'll walk you through your options and what your claim may be worth.
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