No lawsuit can bring back someone you love. But when a death is caused by someone else's carelessness, New Jersey law gives the family a way to hold that person accountable and to secure the financial support the family lost. Here's how wrongful death claims work in New Jersey, written for families who are trying to understand their options during the hardest time of their lives.
Two claims, not one
When a person dies because of someone else's negligence, New Jersey law usually allows two separate claims, which are almost always brought together:
1. The wrongful death claim
Brought under the Wrongful Death Act (N.J.S.A. 2A:31-1 and following), this claim compensates the surviving family members for the financial losses they suffer because of the death.
2. The survival claim
Brought under the Survival Act (N.J.S.A. 2A:15-3), this claim belongs to the estate. It recovers what the person who died could have claimed if they had lived, including their conscious pain and suffering between the injury and death, their lost earnings during that time, and medical expenses. Reasonable funeral and burial expenses are also recoverable.
Who files the case
The lawsuit is filed by a personal representative, usually an administrator ad prosequendum appointed by the county Surrogate's Court for the purpose of bringing the lawsuit, or the executor named in a will. The money recovered for the wrongful death claim goes to the people who would inherit under New Jersey's intestacy law (N.J.S.A. 2A:31-4), typically the spouse or domestic partner, children, and sometimes parents. A lawyer can help with the Surrogate's appointment, which is often one of the first steps.
What families can recover
New Jersey's Wrongful Death Act compensates pecuniary, meaning financial, losses. Under the Model Civil Jury Charge and the New Jersey Supreme Court's decision in Green v. Bittner, 85 N.J. 1 (1980), that includes more than just a paycheck:
- Lost financial support: the net earnings the person would have contributed to the family over their lifetime
- Lost services: the value of household work, home repairs, transportation, and childcare the person provided
- Lost guidance and companionship: the value of the care, training, guidance, advice, counsel, and companionship the person would have given, especially to children
- Medical, hospital, and funeral expenses
What isn't recoverable under current law
Under the law as it stands today, New Jersey juries are instructed not to award damages for the survivors' own grief, emotional distress, or loss of emotional comfort. Many families find this painful to learn. Legislation to change it has been introduced in Trenton, including a bill introduced in January 2026, but as of this writing it has not become law. If the law changes, it may apply only to deaths after the effective date.
Punitive damages
Where the person responsible acted with actual malice or wanton and willful disregard, as with some drunk drivers, punitive damages may be available through the survival claim, subject to New Jersey's punitive damages statute.
Common causes of wrongful death claims
- Car, truck, and motorcycle crashes
- Pedestrian deaths
- Construction and workplace accidents. In these cases, workers' comp death benefits and a third-party claim may both apply.
- Medical malpractice
- Defective products
- Nursing home neglect
- Drunk driving and bar over-service
The deadline
A wrongful death action generally must be filed within two years of the date of death (N.J.S.A. 2A:31-3). If the death resulted from murder, aggravated manslaughter, or manslaughter for which the defendant was convicted, there's no time limit. If a public entity may be responsible, a notice of claim is generally due within 90 days. All New Jersey deadlines.
How the money is protected
Recoveries for minor children are usually supervised by the court, and the allocation between the wrongful death and survival claims can matter for estate administration and taxes. A settlement involving a minor beneficiary generally needs court approval. New Jersey caps the attorney's fee for minors at 25% when the case settles before trial. How fees work.
What families should do now
- Keep every document: the police report, medical records, bills, and any letters from insurers.
- Don't give statements to any insurance company about the accident.
- Keep the vehicle, the product, or other physical evidence. Don't let it be repaired or thrown away.
- Gather information about your loved one's work, income, and role in the family.
- Talk to a lawyer. Evidence preservation and the Surrogate's appointment both take time.
Dennis handles wrongful death cases with care and discretion, and consultations for families are always free. Learn more on our wrongful death page.