Wrongful death in New Jersey
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Death
A person died.
2
Wrongful act
The death was caused by a wrongful act, neglect, or default that would have supported a claim by the decedent if they had lived.
3
Survivors
The claim is brought by a statutory beneficiary or personal representative, not just anyone who is sad about it.
4
Damages
The statute lists what can be recovered: typically loss of support, services, companionship. Punitive damages are jurisdiction-specific.
Burden of proof
Preponderance of the evidence. The underlying tort (often negligence) still has to be proven.
A New Jersey fact pattern
A Newark construction fall. The Wrongful Death Act (N.J.S.A. 2A:31-1) names who may recover and for what. Funeral costs and lost support are the statutory measure. Companionship is not a blank check. The underlying negligence still has to be proved.
Statute of limitations
2 years
N.J.S.A. 2A:31-3
Generally from the date of death.
- The wrongful-death clock is its own statute.