New Jersey law
Wrongful Death Laws in New Jersey.
New Jersey's Wrongful Death Act (N.J.S.A. 2A:31-1 et seq.) and Survival Statute (N.J.S.A. 2A:15-3) work together to permit recovery for losses to survivors and the decedent's estate. Damages include pecuniary losses, medical/funeral expenses, and pre-death conscious pain and suffering — but NOT loss of consortium, society, or companionship by adult survivors (distinctive New Jersey limitation). The 2-year statute of limitations runs from the date of death.
Last verified: 2026-04-17
State law
Statute of Limitations
Wrongful death actions must be filed within 2 years of the date of death.
State law
Key New Jersey Statutes
Action brought by the personal representative for the benefit of the surviving spouse and next of kin. Damages limited to pecuniary losses (loss of financial support, services, and guidance to minor children). Loss of consortium, companionship, and society generally NOT recoverable (distinctive limitation compared to most states).
Permits recovery for the decedent's pre-death conscious pain and suffering, medical expenses, and lost earnings between injury and death.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Jersey.
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