A phone call after a serious accident can change a family’s life in a matter of minutes. Along with grief, families may face difficult questions about medical bills, financial losses, and whether they have the right to pursue a wrongful death claim.

Several factors may affect how a claim moves forward, including whether other legal claims exist, who has the authority to file the lawsuit, and whether a government entity may be involved. 

A New Jersey wrongful death lawyer can help families review these details, identify potential legal issues, and understand the requirements that may apply to their situation. Families may also need records such as medical files, accident reports, and financial documents to help explain what happened and how the loss affected them.

Read on to learn how New Jersey wrongful death deadlines work, what situations may affect the timeline, and what families should know when considering their legal options.

Key Takeaways: Timeframe for Filing a Wrongful Death Claim in New Jersey

• New Jersey generally requires a wrongful death lawsuit to be filed within two years after the deceased person’s death.
• The deadline ordinarily begins on the date of death, even when the fatal injury occurred earlier.
• The ordinary two-year limit does not apply in certain cases involving murder, aggravated manslaughter, or manslaughter.
• The lawsuit must generally be brought by an authorized estate representative, such as an administrator, administrator ad prosequendum, or qualified executor.
• Survival actions and other related claims may follow different deadline rules.
• Claims against public entities or employees generally require a Tort Claims Act notice within 90 days after accrual.

Wrongful Death Filing Deadlines in New Jersey

New Jersey generally gives the authorized representative of the deceased person's estate two years to file a wrongful death lawsuit after a person’s death. This deadline comes from the New Jersey Wrongful Death Act.

In most cases, the two-year filing period begins on the date of death, not the date of the accident or injury that ultimately caused the death. For example, if someone is seriously injured in a car accident in January but dies from those injuries in March, the wrongful death deadline generally starts in March.

This differs from many personal injury claims, where the filing deadline is often based on when the injury occurred. Because of this distinction, families should be careful not to assume the same timeline applies to every claim arising from a fatal accident.

It's also important to understand that a wrongful death lawsuit is generally filed by the personal representative of the deceased person's estate, such as an administrator, administrator ad prosequendum, or qualified executor, on behalf of the surviving family members or other beneficiaries who may be entitled to recover damages.

An important exception applies if the death resulted from murder, aggravated manslaughter, or manslaughter and the responsible person was convicted, found not guilty by reason of insanity, or adjudicated delinquent for the offense. In those situations, New Jersey law does not apply the ordinary two-year wrongful death filing deadline.

Although two years may seem like plenty of time, investigating a fatal accident often requires gathering medical records, accident reports, financial documents, and other evidence. Waiting too long can make it more difficult to collect important information and evaluate all of the legal claims that may be available, including whether a survival action or another related claim should also be pursued.

How Related Estate Claims May Affect Timing

A fatal accident can lead to more than one type of legal claim. In New Jersey, a wrongful death claim and a survival action serve different purposes, which means families may need to look at both when reviewing their legal options.

A wrongful death claim seeks damages for losses suffered by the deceased person’s beneficiaries because of the death. A survival action allows certain claims the deceased person could have pursued before death to continue after their passing.

New Jersey’s survival statute provides that a cause of action does not end because the person who held the claim has died. Instead, certain claims may continue through the person’s estate.

The difference matters because the claims may involve different losses. For example:

• A wrongful death claim may focus on the financial and personal losses suffered by surviving family members.
• A survival action may address losses connected to the injuries the person experienced before death.

A single accident may involve both claims. A person injured in a crash may have medical expenses and personal losses before passing away months later. The family may then need to consider how the wrongful death claim and any survival claim fit together.

The timing for each claim can depend on the type of action involved and the facts of the situation. Families dealing with a fatal accident may need to review the available claims carefully to avoid confusion about which deadlines apply.

What Happens if the Deadline Is Missed?

New Jersey’s wrongful death filing deadline can affect whether a claim moves forward. If a wrongful death lawsuit is filed after the legal deadline, the other side may ask the court to dismiss the case as untimely. Although certain exceptions may apply in limited situations, missing the deadline can put the entire claim at risk.

A missed deadline can create serious obstacles for families seeking to bring a wrongful death claim. This is why identifying the relevant timeline early can be important, especially when a death involves multiple legal issues or potential defendants.

Several details may affect how a family approaches the timing of a claim, including:

• the date of death
• the parties who may be involved
• whether a government entity is connected to the incident
• whether other related claims exist

For example, a family investigating a fatal accident may need time to obtain police reports, medical records, employment information, or other documents. Waiting until the filing deadline is close can leave less time to collect and review those materials.

Are There Different Rules for Claims Against Government Entities?

Some wrongful death claims involve public entities, such as a municipality, government agency, or public employee. These cases may involve additional requirements under the New Jersey Tort Claims Act.

The Act requires a person with a claim against a public entity to generally present a notice of claim within 90 days after the claim accrues. In some cases, a court may allow a late notice if it is filed within one year. To qualify, the family must show an exceptional reason for missing the 90-day deadline, and the delay must not unfairly harm the public entity or employee’s ability to respond to the claim.

This requirement is separate from the general two-year wrongful death filing period. A claim involving a government entity may require action much sooner.

Examples of situations involving public entities may include:

• a crash involving a government-owned vehicle
• an accident involving a public roadway condition
• an incident involving a government employee

Because these claims involve additional procedures, families may need to determine early whether a public entity could be involved. A wrongful death attorney can help identify whether the New Jersey Tort Claims Act applies and whether additional notice requirements may affect the claim.

Why Early Evidence Preservation Matters

After a fatal accident, important information may become harder to collect as time passes. Records can be lost, memories can fade, and physical conditions may change.

Preserving evidence can help create a clearer picture of what happened. Relevant materials may include:

• accident reports
• medical records
• photographs or videos
• expert witness information
• employment and financial records
• insurance documents

For example, a family reviewing a fatal vehicle crash may need accident reconstruction information, medical documentation, and records showing the financial impact of the loss. Having these materials available can help explain the circumstances surrounding the death and the losses connected to it.

Taking steps to collect records early does not determine the outcome of a claim, but it can help families and legal professionals evaluate the available information within the required time limits.

What Damages May Be Available in a New Jersey Wrongful Death Claim?

A wrongful death claim is meant to address the losses caused by a person’s death. In New Jersey, damages are evaluated based on the harm suffered by eligible beneficiaries and the circumstances surrounding the loss.

New Jersey law allows a jury to consider damages connected to the financial losses caused by the death, including the loss of financial support and services the deceased person provided. The statute also addresses how damages recovered in a wrongful death action may be distributed among eligible beneficiaries.

Examples of losses that may be considered in a wrongful death claim can include:

• Financial support the deceased person would probably have provided
• The value of household services, childcare, care, assistance, and other contributions
• The pecuniary value of advice, guidance, and counsel the deceased person would have provided
• Hospital, medical, and funeral expenses recoverable under the statute

The value of these losses depends on the facts of each case. Factors such as the person’s income, family responsibilities, age, health, and expected contributions may affect how damages are evaluated.

For families, the financial impact of losing a loved one can be difficult to calculate. A wrongful death claim may consider both immediate expenses and the present value of future financial losses, services, assistance, guidance, and other pecuniary contributions the deceased person would likely have provided. The claim generally does not compensate surviving relatives for grief, emotional distress, or their own pain and suffering.

Frequently Asked Questions:

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

New Jersey generally requires a wrongful death claim to be filed within two years after the date of the person’s death. Certain circumstances, such as claims involving government entities or other related legal actions, may involve different requirements.

Does the wrongful death deadline start on the date of the accident?

Generally, the wrongful death filing period is based on the date of death, not the date of the accident that caused the injuries. A delayed death after an accident can affect how families calculate the timeline.

Can a family file a wrongful death claim after the deadline passes?

A late filing can create significant legal challenges. The rules may depend on the specific circumstances, so families may need to review the applicable deadlines as early as possible.

Is a wrongful death claim the same as a survival action?

No. A wrongful death claim and a survival action address different losses. A wrongful death claim relates to losses caused by the death, while a survival action may continue certain claims the deceased person could have pursued before death.

Brandon J. Broderick, Attorney at Law, Stands With Families During Difficult Times

Losing a loved one because of someone else’s actions can leave families facing difficult decisions at an already painful time. New Jersey law sets deadlines for wrongful death claims, and the details of each situation can affect how those rules apply.

The path forward may depend on the circumstances of the death, the evidence available, and the claims involved.

Brandon J. Broderick, Attorney at Law, provides legal guidance for families facing the challenges that follow a fatal accident. Contact us to learn more about how wrongful death claims are handled in New Jersey.