Losing a family member because of someone else’s carelessness is one of the hardest things a family can go through. On top of the grief, New Jersey law requires families to meet a strict legal deadline or risk losing their right to seek justice, even when the other party is clearly at fault.
At Mandelbaum Barrett PC, we understand how overwhelming this time can be. Our wrongful death attorneys have helped families across New Jersey navigate the legal process while protecting their rights to compensation. Knowing the deadline that applies to your case is one of the most important steps you can take right now.
How Long Do You Have to File a Wrongful Death Claim in New Jersey?
The clock starts the moment your loved one passes away. Under N.J. Stat. § 2A:31-3, every wrongful death action in New Jersey must be filed within two years of the date of the decedent’s death. This deadline is firm, and courts will typically bar a case from moving forward if it is filed even one day late.
Why the Two-Year Window Matters
Missing this deadline does not simply delay your case; it ends it. Once the statute of limitations expires, the court can dismiss the claim, no matter how strong the evidence is or how clear the other party’s negligence may be. Families who wait too long to speak with an attorney often find there is nothing that can be done legally, which is why understanding the basics of a wrongful death claim and acting early is so important.
What Are the Exceptions to the Two-Year Deadline?
While the two-year rule applies in most wrongful death cases, New Jersey law recognizes situations where the filing window may be extended or adjusted. Knowing whether an exception applies to your case can be the difference between keeping your claim alive and losing it entirely.
The most common exceptions include the following:
- Criminal acts: If the death resulted from murder, aggravated manslaughter, or manslaughter and the defendant was convicted or adjudicated delinquent, there is no statute of limitations for the wrongful death claim.
- Government entities: When a government agency or public employee is involved, a Notice of Claim must be filed within 90 days of the death, well before the two-year mark.
- Minor beneficiaries: In some situations involving minor dependents, the statute of limitations may be paused until the minor turns 18.
Each of these exceptions comes with its own requirements and deadlines, so it is critical to speak with an attorney right away to figure out which rules apply to your situation.
Who Can File a Wrongful Death Lawsuit in New Jersey?
New Jersey law is clear about who has the legal authority to bring a wrongful death claim. The lawsuit must be filed by the personal representative, also called the executor or administrator, of the deceased person’s estate. This is typically someone named in the decedent’s will, or a person appointed by the court when no will exists. Understanding who can file a wrongful death claim in New Jersey is key to moving the process forward.
Who Benefits From a Wrongful Death Recovery?
Although the personal representative files the claim, any money recovered is distributed to surviving family members who depended on the decedent. Under New Jersey law, eligible beneficiaries generally include spouses, children, and others entitled to the decedent’s personal property under the state’s intestacy laws. The damages available in a New Jersey wrongful death action may cover lost financial contributions, funeral expenses, and loss of household services.
Why Timeliness Is About More Than the Deadline
Even families with two full years to file have strong reasons to start the legal process as early as possible. Key evidence, such as accident reports, witness statements, medical records, and surveillance footage, can be lost or destroyed over time. Starting early also gives our legal team the chance to run a thorough investigation, identify all liable parties, and build the strongest possible case.
This is especially true in cases involving car accidents, where insurance companies begin their own investigations almost immediately. Building a full picture of the decedent’s losses, including future earnings and the value of household contributions, requires careful documentation that is far easier to gather early on. Learning more about the time period for filing a personal injury lawsuit in New Jersey can help families understand how these rules work together.
Contact Mandelbaum Barrett PC After a Wrongful Death
With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. We represent families throughout New Jersey who have lost loved ones because of someone else’s negligence or misconduct, and we are committed to pursuing every avenue of recovery available under state law.
If your family is dealing with a wrongful death situation, time is something you cannot afford to ignore. Please contact our team to schedule a consultation so we can review your case, explain your legal options, and help make sure your rights are protected before any deadline passes.