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Guide · After a specific accident · New Jersey

Wrongful death claims in New Jersey, explained

Updated By Spencer, editorEvery fact cites a sourceGeneral information, not legal advice

In New Jersey, a wrongful death lawsuit is brought by a representative of the person who died, generally within 2 years of the death. It can recover the financial losses from the death, plus hospital, medical and funeral expenses. The recovery goes to the people who would inherit without a will, dependents first. Checked October 12, 2026.

Sources: N.J.S.A. 2A:31-2(a); N.J.S.A. 2A:31-5; N.J.S.A. 2A:31-4; N.J.S.A. 2A:31-3

Who brings the lawsuit

Family members don't bring this lawsuit in their own names. The lawsuit is brought in the name of a representative of the person who died.

No probated willAn administrator

An administrator ad prosequendum, or an administrator of the estate.

A will that was probatedThe executor

The executor named in the will, or an administrator with the will annexed.

Source: N.J.S.A. 2A:31-2(a)

NJWhat it can recover

NJFinancial losses from the death

A jury awards what it finds fair and just for the financial losses the death caused.

Source: N.J.S.A. 2A:31-5
NJHospital, medical and funeral expenses

Those incurred for the person who died.

Source: N.J.S.A. 2A:31-5
NJA separate survival action

Brought by the executor or administrator, it recovers what the person could have claimed had they lived. When another's wrongful act, neglect or default caused the death, it can also recover reasonable funeral and burial expenses.

Source: N.J.S.A. 2A:15-3(a)

Who receives the recovery

It goes to the people who would inherit the person's personal property if there were no will. A surviving spouse and children or other descendants share in equal proportions. But if any of those people depended on the person who died, only they share it, and a judge, not a jury, decides the shares.

Source: N.J.S.A. 2A:31-4

The deadline

  1. A wrongful death lawsuitN.J.S.A. 2A:31-3Within 2 years after the death
  2. 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
  3. A claim against a public entityN.J.S.A. 59:8-8Notice within 90 days after the claim arises
Source: N.J.S.A. 2A:31-3; N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Sources

  • N.J.S.A. 2A:31-2(a)Justia, 2025 New Jersey Revised Statutes. Checked .
  • N.J.S.A. 2A:31-5Justia, 2025 New Jersey Revised Statutes. Checked .
  • N.J.S.A. 2A:31-4Justia, 2025 New Jersey Revised Statutes. Checked .
  • N.J.S.A. 2A:31-3Justia, 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. 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

Questions people ask

Who can file a wrongful death lawsuit in New Jersey?

It's brought in the name of an administrator ad prosequendum or an administrator of the estate. If the person left a will that was probated, the executor named in it brings it, or an administrator with the will annexed.

How long do you have to file a wrongful death lawsuit in New Jersey?

Within 2 years after the death, generally. If the death resulted from a murder or manslaughter, and the defendant was convicted, found not guilty by reason of insanity or adjudicated delinquent, the lawsuit may be filed at any time.

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

What a jury finds fair and just for the financial losses the death caused, plus hospital, medical and funeral expenses. A separate survival action covers what the person could have claimed had they lived.

Who gets the money from a wrongful death case in New Jersey?

The people who would inherit the person's personal property without a will. A surviving spouse and descendants share in equal proportions. If any of them depended on the person who died, only those dependents share it, in amounts a judge decides.

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