Plainfield Wrongful Death Lawyer Union 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.
.avif)
Two proceedings, and only one is about your family
.avif)
.svg)
When a death results in charges, families reasonably assume the courts are handling it. A prosecution is under way, someone is answering for what happened, and it feels wrong to be thinking about a lawsuit at the same time.
But the criminal case is not your case. It is the State proceeding against a defendant, and your family's role in it is as witnesses rather than as parties. Nothing in it compensates you. Restitution, where it is ordered at all, is usually a fraction of the actual loss and is limited to defined categories. The prosecutor does not represent your interests, cannot advise you, and has no obligation to consider the effect of the timetable on any civil claim you may have. Meanwhile the civil deadline runs. Generally two years from the date of death, and a criminal prosecution does not pause it. Cases take years to reach trial, appeals follow, and families who waited politely for a conclusion have discovered afterwards that their own claim expired somewhere in the middle. That is the single most avoidable loss in this area of law. The two proceedings also answer different questions to different standards, which means a conviction does not automatically win a civil claim and an acquittal does not end one. James Vasquez has handled New Jersey injury claims since 2004, and the first conversation costs nothing.
Fatal claims we handle for Plainfield families
The test is the same across all of them. If your family member could have brought an injury claim had they survived, a death claim exists.
What runs alongside a Plainfield death claim
Several processes may be under way at once. None of them is your civil claim, and none of them protects its deadline.
The medical examiner's investigation
A separate determination of how the death occurred, frequently the single most important document in the civil case as well as the criminal one.
What it does for you: the report becomes available in due course, and decisions about autopsy are effectively final once burial or cremation occurs.
Regulatory and safety investigations
Workplace and commercial vehicle deaths draw inspections that document what failed and who was responsible for it.
What it does for you: the findings are frequently useful evidence, and the inspection has no bearing on your filing deadline either.
The civil claim
Filed in the Superior Court, and the only proceeding in which your family's own losses are the subject rather than the background.
What it does for you: everything, which is exactly why its deadline should not be left to whatever pace the other processes set.
The criminal prosecution
Charges brought and prosecuted by the county. Your family are witnesses, kept informed as victims, and are not parties to it.
What it does for you: it can produce evidence, including investigation materials and testimony. What it cannot do is compensate you or pause your own deadline.
Police and reconstruction investigation
Serious fatal collisions draw detailed investigation, sometimes including reconstruction by a specialist unit.
What it does for you: that material is obtainable, though frequently not until the criminal matter is resolved, which is another reason not to wait passively.
The Surrogate
A representative must be appointed before either death claim can be filed, which is a separate process again from all of the above.
What it does for you: it is a precondition rather than an option, and it takes time that runs concurrently with everything else.
Nothing here requires a family to make decisions quickly about litigation. It requires knowing that one clock is running whether or not anyone is watching it.
Six things families get told that are not quite right
Every one of these comes up, usually from people trying to be helpful.
Wait for the criminal case
The civil deadline does not pause for a prosecution. Criminal matters take years, and families have lost their own claims while waiting for a verdict.
The prosecutor is handling it
The prosecutor represents the State. Your family are witnesses, entitled to be kept informed, and are not clients and are not parties.
Restitution will cover our losses
Restitution, where ordered, is limited in scope and typically a small fraction of the actual loss. It is not compensation for the death.
A conviction wins the civil case
It helps considerably and it does not decide it. The proceedings ask different questions and apply different standards of proof.
An acquittal ends the civil case
It does not. A criminal acquittal reflects a failure to prove guilt beyond reasonable doubt, which is a far higher bar than a civil claim requires.
Bringing a claim looks vindictive
It is the only proceeding concerned with what your family lost. The criminal case punishes conduct. The civil claim addresses consequences.
You do not have to decide anything about litigation now. What is worth doing is establishing what your deadline actually is, so that the decision remains yours to make later. For how these claims work statewide, see the wrongful death practice area page.
Punitive damages, and the route they travel
This is a genuine technicality with a substantial consequence, and it is one of the more counterintuitive corners of New Jersey death law.
The Wrongful Death Act does not support them
New Jersey's Wrongful Death Act is expressly compensatory. It permits recovery of the pecuniary injuries the survivors suffered along with funeral and medical expenses, and its purpose is to replace what the person would have provided rather than to punish anyone. Punitive damages are not recoverable under it, however egregious the conduct that caused the death.
The estate's survival claim can carry them
The Survival Act preserves the claim the person who died would have had. Because a living person could have sought punitive damages for sufficiently egregious conduct, the estate can pursue them too. In 1999 the New Jersey Supreme Court confirmed this and went further, holding they remain available even where death was instantaneous, reasoning that a defendant should not benefit from having killed someone quickly.
The standard is high and the conduct must be exceptional
Punitive damages require proof to a heightened standard of conduct amounting to actual malice or a wanton and wilful disregard for others, and they are capped by statute. They are not available for ordinary negligence, and most fatal cases do not support them. Where the conduct genuinely was egregious, the route matters enormously.
Three rules families need early
The first is the one that costs claims. The others determine what can be recovered.
Two years from death, regardless of any prosecution
A wrongful death action must generally be commenced within two years of the death. A criminal prosecution arising from the same events does not extend or suspend that period. Where a public entity is involved, a notice requirement measured in weeks applies as well, and it runs from the incident rather than from any charging decision.
Different questions, different standards
A criminal case asks whether the State has proved guilt beyond reasonable doubt. A civil claim asks whether responsibility is established on the balance of probabilities. A conviction is powerful evidence and does not decide the civil claim. An acquittal does not defeat it, because the civil standard is materially lower.
Punitive damages run through the estate's claim
Punitive damages are not available under the Wrongful Death Act, which is purely compensatory. They may be pursued through the estate's survival claim where the conduct meets New Jersey's heightened standard, and the Supreme Court has confirmed this applies even where death was instantaneous.
The requirement that a court appointed representative bring the action, how pecuniary loss is measured, and the distribution of any recovery among survivors are covered on the wrongful death practice area page and the Plainfield personal injury page.
What is worth doing while a criminal case runs
None of it requires deciding whether to sue. All of it preserves the option.
Establish the civil deadline
A single conversation. Knowing the date means the decision about whether to bring a claim stays yours rather than being made by the calendar.
Attend and keep notes of the criminal proceedings
Testimony, admissions and evidence disclosed in court are frequently useful later, and nobody will summarise them for you afterwards.
Ask the prosecutor's office about victim services
You are entitled to be kept informed and there may be support available. It is a separate matter from any claim and worth using.
Order certified death certificates
Eight to ten. They are needed for the court appointment, for insurers and for the court file, and obtaining more later is slow.
Begin the appointment process
Someone must be appointed by the Surrogate before either claim can be filed. Starting it early costs nothing and removes a delay later.
.avif)
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."
Several bodies are involved and their roles are easy to conflate.
Brings any criminal charges and administers victim notification and support services. It represents the State rather than your family.
Appoints the representative legally permitted to bring the death claims. Required before any complaint can be filed.
Investigates sudden, violent or unexplained deaths and issues the report establishing cause and manner.
Holds the incident or crash report and any investigation materials, though access may be limited while a prosecution is pending.
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.
.png)
Reach us whatever way works for you.
Need to talk to someone right now?
Areas we serve
.jpg)
