Losing a loved one due to another's negligence is devastating. New Jersey law provides specific rights and remedies for surviving families.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
New Jersey statute of limitations for wrongful death claims: 2 years from the date of death. Contact an attorney immediately.
Under N.J.S.A. 2A:31-1, the personal representative of the estate files the wrongful death claim for the benefit of the surviving spouse, children, and other dependents. New Jersey wrongful death damages include loss of financial support, loss of services, and loss of companionship and guidance — New Jersey allows non-economic damages for wrongful death, which is more plaintiff-friendly than New York.
New Jersey-Specific Tip
New Jersey has a 2-year statute of limitations for wrongful death claims (N.J.S.A. 2A:31-3). New Jersey also allows a survival action for the deceased's own pre-death pain and suffering. Both should be filed simultaneously.
📊 New Jersey allows both wrongful death claims and survival actions to be filed simultaneously — ask your attorney about both.
Contact a New Jersey wrongful death attorney immediately
Preserve all evidence related to the incident
Obtain the official death certificate
Document all expenses — medical, funeral, and burial
Do NOT accept any early settlement
Be aware of the 2-year statute of limitations running from the date of death
Ask your attorney about filing both a wrongful death claim AND a survival action
2 years from the date of death. New Jersey has a 2-year statute of limitations for wrongful death claims (N.J.S.A. 2A:31-3). New Jersey also allows a survival action for the deceased's own pre-death pain and suffering. Both should be filed simultaneously.
Under N.J.S.A. 2A:31-1, the personal representative of the estate files the wrongful death claim for the benefit of the surviving spouse, children, and other dependents. New Jersey wrongful death damages include loss of financial support, loss of services, and loss of companionship and guidance — New Jersey allows non-economic damages for wrongful death, which is more plaintiff-friendly than New York.
Under N.J.S.A. 2A:31-1, the personal representative of the estate files the wrongful death claim for the benefit of the surviving spouse, children, and other dependents. New Jersey wrongful death damages include loss of financial support, loss of services, and loss of companionship and guidance — New Jersey allows non-economic damages for wrongful death, which is more plaintiff-friendly than New York. Contact a New Jersey wrongful death attorney to confirm who has standing in your specific situation.
No upfront cost. Contingency fees — you only pay if you win.
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