Understanding the Wrongful Death Statute of Limitations in New Jersey

Losing a loved one because of someone else’s negligence, known as wrongful death, can leave families shattered and wondering where to turn. Led by Paul M. da Costa, our personal injury team at Sarno da Costa D’Aniello Maceri Webb LLC, is dedicated to making things right for injured victims and their families in wrongful death cases. Here, we explain how the New Jersey wrongful death statute of limitations impacts cases and why hiring an experienced attorney can help grieving families secure the justice and compensation they deserve.

What Is Wrongful Death?

A wrongful death claim seeks compensation for the losses suffered by surviving family members of someone who was killed due to negligence or an intentional act. Although they are often filed at the same time, a survival action is a separate claim that seeks damages the deceased would have recovered if they had survived, such as pain and suffering before death.

The Statute of Limitations for Wrongful Death in New Jersey

The statute of limitations is a deadline that determines how long someone has to file a lawsuit in New Jersey. Statutes of limitations are designed to ensure that lawsuits are brought in a timely manner and that defendants don’t have to face indefinite legal uncertainty. Generally, the wrongful death statute of limitations in New Jersey is two years from the date of death.

This deadline applies regardless of when the deceased’s loved ones discovered who was at fault. If a wrongful death lawsuit is filed after the deadline expires, the court will likely dismiss it no matter how strong the evidence may be. However, there are exceptions to this rule, which can extend or shorten the time limit. A personal injury attorney can evaluate your case and determine whether you have a viable wrongful death lawsuit and whether any exceptions may apply.

Who Can File a Wrongful Death Claim in New Jersey?

In New Jersey, a wrongful death lawsuit must be filed by the executor or administrator of the deceased person’s estate. This is usually a person named in the will or appointed by the court if there is no will.

Although the representative of the estate must file the claim, any wrongful death damages recovered are intended for their beneficiaries, usually surviving family members such as:

• Spouse
• Children
• Parents (if there is no spouse or children)
• Siblings
• Grandparents
• Aunts, uncles, and cousins
• Other financial dependents (in rare circumstances)

If there is no will, beneficiaries of a wrongful death claim are determined by New Jersey’s intestacy laws. Our personal injury attorneys can determine who may be eligible to receive proceeds from a wrongful death claim and help your family pursue all possible sources of compensation.

Exceptions That Affect the Wrongful Death Statue of Limitations

Although the two-year time limit applies in most cases, there are exceptions that may extend or shorten the filing window.

Claims Against Public Entities

If your wrongful death claim involves a public employee or government agency such as a municipality, you must first file a Notice of Claim before you can proceed with a wrongful death lawsuit. The Notice of Claim must be filed within 90 days of the death, a significantly shorter deadline than the two-year time limit.

A Notice of Claim informs the government agency that you intend to file an action against them. If you miss the 90-day deadline, you could lose the right to bring a claim altogether. That’s why it’s vital to consult a New Jersey wrongful death attorney right away if you suspect your loved one’s death was caused by negligence.

Exceptions for Minors and Incapacitated Individuals

If the only person entitled to file a claim is a minor child or someone who is legally incapacitated, the court may pause (toll) the wrongful statute of limitations until they reach adulthood or regain capacity. However, this does not automatically extend the deadline unless no adult representative, such as a parent or guardian, is available. Cases involving children and those with special needs are complex. Having a seasoned wrongful death attorney in your corner can give you the best possible chance of a successful outcome for your case.

Discovery Rule

Usually, the discovery rule applies only in personal injury cases, which means the clock starts ticking when the injury is discovered, not necessarily when it occurred. In wrongful death cases, it starts from the actual date of death, not when the cause of the death was discovered. However, in certain cases involving medical malpractice, courts may extend the two-year deadline if the cause of death wasn’t known or reasonably discoverable at the time of death.  

Paul and his team are experienced litigators who have recovered substantial awards and settlements for clients in all types of medical malpractice and personal injury cases. They know how to determine which time limits and exceptions may apply and fight to ensure your family’s rights and interests are protected under New Jersey law.

Why Time is of the Essence in Wrongful Death Cases

In addition to filing a claim within the statute of limitations, there are many other reasons to take swift action after a loved one’s wrongful death. It’s vital to preserve and gather evidence as soon as possible, as it can be lost as time passes.

Your wrongful death attorney needs time to investigate and gather evidence such as police reports and medical records. They also may interview witnesses and consult with experts, such as accident reconstructionists and medical professionals.

Filing a claim promptly can also provide leverage in negotiations with insurance companies. It gives your attorney ample opportunity to negotiate a fair wrongful death settlement without the need for a costly, lengthy trial.

Not only that, starting the claims process early can help your family begin your journey toward finding justice after the loss of a loved one. Although no amount of money can change what happened, taking action to hold responsible parties accountable often gives families peace of mind.

How a Wrongful Death Lawyer Can Help

Understanding and navigating the statute of limitations is just one piece of the puzzle when you’re considering filing a wrongful death claim. Our experienced personal injury attorneys can ensure you meet all required deadlines, identify liable parties, and guide you through the legal process every step of the way.

Our wrongful death lawyers know how to properly calculate the full scope of your losses, including future earnings and loss of companionship. Insurance companies will do whatever they can to minimize payouts and deny claims. Our tenacious, compassionate wrongful death attorneys stand by your side and handle all negotiations with insurers so you and your family can focus on supporting each other at this difficult time. If it’s necessary to take your case to trial, we are fully prepared to pursue justice for your loved one in the courtroom.

We know that losing a loved one due to negligence is one of the most challenging experiences you’ll ever face. We’ve guided thousands of families in New Jersey through the process with care, tenacity, and unwavering commitment. Your initial consultation is always free, and our wrongful death lawyers take cases on contingency, which means you pay attorneys’ fees only if we win your case.

Contact Wrongful Death Attorneys Near You in New Jersey Today

At Sarno da Costa D’Aniello Maceri Webb LLC, our New Jersey personal injury attorneys are dedicated to helping individuals and families find the justice and compensation they deserve after the wrongful death of a loved one. Contact us or call 973-274-5200 to schedule a free, no-obligation consultation with Paul M. da Costa today. We offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.