Wrongful Death — New Jersey

Wrongful Death in New Jersey — Rights for Surviving Families

Losing a loved one due to another's negligence is devastating. New Jersey law provides specific rights and remedies for surviving families.

Statute of Limitations

New Jersey statute of limitations for wrongful death claims: 2 years from the date of death. Contact an attorney immediately.

New Jersey Wrongful Death Act

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.

What To Do After a Wrongful Death in New Jersey

1

Contact a New Jersey wrongful death attorney immediately

2

Preserve all evidence related to the incident

3

Obtain the official death certificate

4

Document all expenses — medical, funeral, and burial

5

Do NOT accept any early settlement

6

Be aware of the 2-year statute of limitations running from the date of death

7

Ask your attorney about filing both a wrongful death claim AND a survival action

Frequently Asked Questions — Wrongful Death in New Jersey

How long do I have to file a wrongful death claim in New Jersey?

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.

What damages are available in a New Jersey wrongful death case?

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.

Who can file a wrongful death claim in New Jersey?

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.

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