How a wrongful death lawsuit works
Short answer
- A wrongful death lawsuit is a civil case family members and dependents bring against someone who knowingly or negligently caused a death, according to Cornell's Legal Information Institute.
- State laws set who can benefit and limit the damages.
- In New Jersey, the person's representative brings it, generally within 2 years after the death.
Checked October 18, 2026.
Sources: Wex, Wrongful death; N.J.S.A. 2A:31-2(a); N.J.S.A. 2A:31-3. Every fact cites a source
What a wrongful death lawsuit is
It's a civil case brought after a death, by the family members and dependents left behind. It asks for money for the losses the death caused.
It can go forward against someone also facing criminal charges for the same event. Even someone found not guilty of a crime may still be found liable, because a civil court's burden of proof is lower.
Source: Wex, Wrongful deathEach state's statutes limit the damages and say who can benefit from the lawsuit.
Source: Wex, Wrongful deathWho brings it
In general, family members and dependents bring it. In New Jersey, a representative of the person who died brings it for them.
Who can benefit is set by each state's law. It's typically children and spouses, and sometimes parents, siblings and other dependents.
An administrator ad prosequendum or an administrator of the estate. If a will was probated, the executor named in it, or an administrator with the will annexed.
What it can recover
Damages make up for the lost financial support and the suffering the death caused, according to Cornell's Legal Information Institute.
The person's income before death, their expected future income, and how much family members depended on them.
Source: Wex, Wrongful deathCompensation may also cover funeral expenses, and the pain and emotional harm the person went through before dying.
Source: Wex, Wrongful deathSome states allow them when the death was caused by intentional or reckless actions.
Source: Wex, Wrongful deathA jury awards what it finds fair and just for the financial losses the death caused. Hospital, medical and funeral expenses are added.
Source: N.J.S.A. 2A:31-5Brought by the executor or administrator, it recovers what the person could have claimed had they lived.
Source: N.J.S.A. 2A:15-3(a)NJWho receives the recovery in New Jersey
It goes to the people who would inherit the person's personal property if there were no will. A surviving spouse and descendants share in equal proportions. If any of them depended on the person who died, only they share it, and a judge decides the shares.
Source: N.J.S.A. 2A:31-4NJThe deadline in New Jersey
- A wrongful death lawsuitN.J.S.A. 2A:31-3Within 2 years after the death
- A death from murder or manslaughter, if the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquentN.J.S.A. 2A:31-3No time limit
- A claim against a public entityN.J.S.A. 59:8-8Notice within 90 days after the claim arises
Sources
- Wex, Wrongful deathWhat a wrongful death lawsuit is, who benefits, and what it can recover, in general. Checked .
- N.J.S.A. 2A:31-2(a)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:31-3Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:31-5Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:15-3(a)Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 2A:31-4Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 59:8-8Justia, 2025 New Jersey Revised Statutes. Checked .
- N.J.S.A. 59:8-9Justia, 2025 New Jersey Revised Statutes. Checked .
General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.
What to do next
- Next questionWrongful death claims in New Jersey, explainedNew Jersey's rules in full: the representative, the heirs and the survival action.
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Questions people ask
What is a wrongful death lawsuit?
A civil case family members and dependents bring against someone who knowingly or negligently caused another person's death. It seeks money for the losses and damages the death caused.
Who can file a wrongful death lawsuit?
State law decides. Those who benefit are typically children and spouses, and sometimes parents, siblings and other dependents. In New Jersey, the lawsuit is brought in the name of an administrator of the person who died or, if a will was probated, the executor named in it.
Can there be a wrongful death lawsuit and a criminal case?
Yes. A wrongful death lawsuit can go forward against someone also facing criminal charges for the same event. Someone found not guilty may still be found liable, because a civil court's burden of proof is lower.
What can a wrongful death lawsuit recover?
Lost financial support and the suffering the death caused, and sometimes funeral expenses and the person's own pain before dying. Some states allow punitive damages for intentional or reckless actions. In New Jersey, the jury awards financial losses, plus hospital, medical and funeral expenses.
How long do you have to file a wrongful death lawsuit?
State law sets the deadline. In New Jersey, it's within 2 years after the death, generally. If the death resulted from murder or manslaughter, and the defendant was convicted, found not guilty by reason of insanity or adjudicated delinquent, it may be filed at any time.