Wrongful Death Lawsuits in New Jersey
Who can bring a wrongful death claim in New Jersey, the deadline to file, and any limits on damages.
Short answer: The action is brought by an administrator ad prosequendum or administrator of the estate (or the executor, if there is a probated will). N.J.S.A. 2A:31-2, 2A:31-4
| Who can sue for wrongful death | The action is brought by an administrator ad prosequendum or administrator of the estate (or the executor, if there is a probated will). The recovery is for the people who would inherit the decedent's personal property without a will, in those shares, except that a surviving spouse and descendants share equally; dependents may receive shares set by the court based on their needs. Distribution: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1009?f=templates$fn=document-frame.htm$3.0 Source: N.J.S.A. 2A:31-2, 2A:31-4 |
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| Wrongful death deadline | Within two years after the death. If the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action may be brought at any time. Source: N.J.S.A. 2A:31-3 |
| Damage caps | No general cap on compensatory damages in personal injury cases was found. Punitive damages are capped, and claims against public entities have limits on pain and suffering damages. Auto accident claims may be limited by the driver's chosen no-fault tort option. |
More New Jersey personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in New Jersey
- Medical Malpractice Rules in New Jersey
- Car Accident Claims in New Jersey
- Dog Bite Liability in New Jersey
- Slip, Trip and Fall Injuries in New Jersey
- Sidewalk and Public Property Falls in New Jersey
- Motorcycle Accident Claims in New Jersey
- Pedestrian Accident Claims in New Jersey
- Bicycle Accident Claims in New Jersey
- Uber and Lyft Accident Claims in New Jersey
- Truck Accident Claims in New Jersey
- Construction Site Injuries in New Jersey
- All New Jersey personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in New Jersey?
The action is brought by an administrator ad prosequendum or administrator of the estate (or the executor, if there is a probated will). The recovery is for the people who would inherit the decedent's personal property without a will, in those shares, except that a surviving spouse and descendants share equally; dependents may receive shares set by the court based on their needs.
How long do you have to file a wrongful death lawsuit in New Jersey?
Within two years after the death. If the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action may be brought at any time.
Does New Jersey cap damages in personal injury cases?
No general cap on compensatory damages in personal injury cases was found. Punitive damages are capped, and claims against public entities have limits on pain and suffering damages. Auto accident claims may be limited by the driver's chosen no-fault tort option.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.