Wrongful Death Claims in New Jersey: Who Can File and What Can Be Recovered

In New Jersey, when a person dies because of someone else's negligence or wrongful act, the executor or administrator of their estate can bring a wrongful death claim on behalf of the family members the law protects, generally within two years of the death (N.J.S.A. 2A:31-3). A companion claim under the Survival Act lets the estate recover what the person could have claimed had they lived, such as their pain and suffering before death.

Nothing about a lawsuit makes a loss smaller. What these claims can do is answer the financial questions a death leaves behind and hold the responsible party accountable. This page explains how they work.

Who can bring a wrongful death claim in New Jersey?

The claim is filed by the personal representative of the person who died, not by individual family members:

• If there was a will, the executor named in it usually brings the claim.
• If there was no will, a family member can ask the county Surrogate to appoint an administrator for the purpose of the lawsuit, often called an administrator ad prosequendum. In Morris County that is the Surrogate's office in Morristown; in Sussex County, in Newton.

The representative brings the claim for the benefit of the statutory beneficiaries, generally the close family members who would inherit under New Jersey's intestacy laws, such as a spouse, children or parents. Who exactly qualifies, and how any recovery is divided, depends on the family's circumstances.

What can a New Jersey wrongful death claim recover?

The Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.) compensates the beneficiaries for their financial losses from the death. New Jersey courts measure those losses broadly enough to include:

• Lost income and support the person would have provided.
• The lost value of services the person performed for the family, such as childcare, household work and care for others.
• The lost value of guidance, advice and companionship, which courts treat as having real value, particularly for children who lose a parent.
• Medical and funeral expenses related to the death.

New Jersey's wrongful death law does not compensate grief or emotional suffering as such. That is often painful for families to hear, and it is one reason the survival claim matters.

What is a survival action, and how is it different?

A survival action, under N.J.S.A. 2A:15-3, belongs to the estate rather than to the family members. It recovers what the person who died could have claimed if they had lived, including:

• Conscious pain and suffering between the injury and death, which can be significant even over a short period.
• Medical expenses incurred for the final injury.
• Lost earnings between the injury and death.

The two claims are usually brought together in one lawsuit by the same representative. Money recovered in a survival action passes through the estate, so it can be distributed differently from the wrongful death recovery.

What kinds of cases lead to wrongful death claims?

Any death caused by negligence or a wrongful act can support a claim. Common examples include:

• Motor vehicle crashes, including those involving commercial trucks. See our page on car accidents in New Jersey.
• Medical errors, such as a missed diagnosis or a surgical mistake, which follow the additional rules described on our medical malpractice page.
• Unsafe property, such as a fall caused by a hazard an owner failed to fix. See slip and fall injuries.
• Workplace deaths caused by someone other than the employer, such as a contractor, equipment manufacturer or negligent driver. Workers' compensation provides dependency benefits, but a separate claim may be possible against the outside party; see third-party claims after a work injury.

What deadlines apply to a New Jersey wrongful death claim?

A wrongful death claim generally must be filed within two years of the death, with limited exceptions. Other timing rules can matter too:

• Public entities. If a town, county, state agency or public hospital may be responsible, a notice of claim is generally due within 90 days (N.J.S.A. 59:8-8).
• Survival claims are tied to the underlying injury claim and can have different timing in some cases.
• Evidence such as vehicle data, video and medical records is easier to preserve early.

Families are often dealing with an estate, a funeral and a criminal investigation all at once. You don't need to have every answer before speaking with a lawyer.

Talking to a lawyer about your situation

A consultation is confidential and free, and it can happen at whatever pace is right for your family. We can explain who would bring the claim, what it could include, and what needs to happen first. The firm's partner Bruce D. Nimensky includes wrongful death matters in his practice. Call 973-240-7313 when you are ready.

Gray Law Group's office is in Jefferson, Morris County, and we represent families throughout Morris, Sussex, Warren and Passaic counties and northern New Jersey.