Wrongful Death Law in New Jersey

Only a court-appointed administrator — specifically an administrator ad prosequendum or the estate's general administrator — may bring the lawsuit under N.J.S.A. 2A:31-2. The money recovered is then distributed to those who would inherit under New Jersey's intestate succession law, typically a spouse, children, or parents. If no estate has been opened, the family must first apply to the county surrogate's court for an appointment before filing suit.

Under N.J.S.A. 2A:31-5, a jury may award fair and just compensation for the financial (pecuniary) losses survivors suffer, including income and benefits the deceased would have provided, hospital and medical bills related to the fatal injury or illness, and funeral and burial expenses. New Jersey courts also allow damages for loss of companionship, guidance, and parental care. Pain and suffering the deceased experienced before death is not part of the wrongful death claim itself — it is recovered through a separate survival action.

The standard deadline is two years from the date of death under N.J.S.A. 2A:31-3. There is one exception: if the death resulted from murder, aggravated manslaughter, or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity, or adjudicated delinquent, there is no filing deadline. In all other situations, missing the two-year deadline typically bars the claim permanently.

A wrongful death claim under N.J.S.A. 2A:31-1 compensates the surviving family members for their own losses — such as lost financial support and loss of companionship — resulting from the death. A survival action under N.J.S.A. 2A:15-3 is the claim the deceased person would have had if they survived, covering losses like pain and suffering and out-of-pocket expenses from the time of injury until death. Both types of claims are typically filed by the estate administrator at the same time.

New Jersey does not impose a general dollar cap on wrongful death damages; there is no fixed limit on pecuniary losses, loss of companionship, or funeral and medical expenses. However, different rules apply when the responsible party is a government entity under the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.), including a threshold requirement before non-economic damages like pain and suffering may be recovered from a public entity.

New Jersey applies a modified comparative negligence rule under N.J.S.A. 2A:15-5.1. If the deceased was 50 percent or less at fault, the family may still recover damages, but the jury reduces the award by the decedent's percentage of responsibility. If the deceased was found to be more than 50 percent at fault, recovery is barred entirely. A jury decides the percentage of fault attributed to each party based on the evidence.

Claims against a state, county, or municipal government entity are governed by the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.). A written notice of tort claim must be filed with the appropriate government office within 90 days of the death under N.J.S.A. 59:8-8. A court may allow a late notice within one year of the death only if the claimant shows extraordinary circumstances and the government entity was not substantially prejudiced by the delay.