filing a wrongful death claim in new jersey

The Two-Year Deadline To File Wrongful Death Claims in New Jersey

In New Jersey, you generally have two years from the date of a person’s death to file a wrongful death claim. This critical time limit, established by state law, places a strict boundary on a family’s right to seek justice and financial stability after a devastating loss.

Understanding this rule is the first step, but families also need to know about the crucial exceptions and procedural requirements that influence New Jersey’s wrongful death statute of limitations.

Failing to act within the prescribed timeframe can permanently close the door on your right to hold a negligent party accountable.

Key Takeaways for New Jersey’s Wrongful Death Statute of Limitations

Families usually have two years from the date of death to file a wrongful death lawsuit in New Jersey.
The discovery rule may extend the deadline if the cause of death was not immediately known.
A major exception exists for deaths caused by murder or manslaughter, which eliminates the two-year deadline for the civil claim.
Only the personal representative of the deceased’s estate has the legal standing to file the lawsuit on behalf of surviving dependents.
Missing the deadline almost always results in the court dismissing your case, forever barring your family from recovering damages.

New Jersey’s General Two-Year Rule

The New Jersey Wrongful Death Act governs the rights of surviving family members when a person’s death results from another’s negligence or wrongful act and includes the strict two-year time limit for filing a claim.

Courts enforce this deadline rigorously to protect potential defendants from the indefinite threat of a lawsuit long after evidence has been lost and memories have faded. A clear deadline compels all parties to address the matter while information remains fresh and accessible.

This timeline acts as the foundation for all wrongful death actions in the state. Whether the death stemmed from a car crash, medical malpractice, a workplace incident, or a defective product, the two-year rule applies.

The countdown for New Jersey’s wrongful death statute of limitations begins on the day the person dies.

Why the State Imposes a Deadline

Statutes of limitations exist for practical reasons that affect both plaintiffs and defendants. The legal system seeks a balance between giving grieving families time to act and ensuring fairness for the accused party.

An established deadline promotes a more efficient and just resolution for everyone involved.

The state imposes these time limits to achieve several goals, including:

Evidence Preservation: Over time, physical evidence deteriorates or disappears, and documents get lost.
Witness Memory: The memories of witnesses tend to fade over time, making their testimony less reliable as years pass.
Preventing Stale Claims: A deadline provides defendants with peace of mind that they’ll not face a lawsuit years or even decades after an event.
Prompt Resolution: Time limits encourage families to pursue their rights without undue delay, allowing for a more timely distribution of any recovered assets to dependents.

Critical Exceptions to New Jersey’s Wrongful Death Statute of Limitations

While the two-year deadline is the general rule, New Jersey law recognizes certain situations where applying it strictly would be unjust. These exceptions can pause or extend the timeline, giving families more flexibility under specific circumstances.

These scenarios often involve complex factual and legal arguments, and it’s seldom straightforward to determine if an exception applies. A New Jersey wrongful death lawyer can examine your claim and determine if you qualify for an exception.

The Discovery Rule

The discovery rule is a significant, although rare, exception to the standard deadline. It applies when the family could not have reasonably known the cause of death at the time it occurred.

The statute of limitations clock doesn’t begin to run until the moment a family discovers, or through reasonable diligence should have discovered, the link between the death and another party’s wrongful actions.

A common example of the discovery rule involves situations such as:

Medical Malpractice: A patient dies during surgery, and the family initially accepts the cause of death provided by the hospital. Months or even years later, a separate medical review or a whistleblower reveals that a surgical error was the true cause.
Toxic Exposure: A person dies from a rare form of cancer, and the family is unaware of any specific cause. Later, a news report exposes that their loved one’s workplace had high levels of a carcinogenic chemical.
Defective Products: An individual dies from a medical device failure, but the family only learns that the device was known to be defective after a public recall.

In these cases, the filing deadline may extend, starting from the date the crucial information was discovered.

Manslaughter or Murder

A major exception to New Jersey’s wrongful death statute of limitations arises when the death results from an act of murder, aggravated manslaughter, or manslaughter. If someone causes a death through one of these criminal acts, the two-year deadline to file a civil wrongful death lawsuit doesn’t apply.

This exception reflects the state’s public policy that a person should not be able to evade civil liability for such a serious criminal act simply by waiting out a deadline. The criminal case and the civil wrongful death case proceed on separate tracks.

A conviction in the criminal case strengthens the wrongful death lawsuit, but a family can pursue the civil claim even without a criminal conviction. The personal representative of the estate can bring the action at any time.

Claims Against Public Entities

When the defendant is a government or public entity, different and much shorter time limits apply. The New Jersey Tort Claims Act requires you to file a formal notice of claim with the correct public entity within 90 days of the incident.

If you fail to file this notice on time, you may lose your right to file a lawsuit later, even though you are still within the two-year wrongful death statute of limitations. This requirement catches many people by surprise.

A “public entity” can include:

Government Bodies: A state, county, or municipal government department.
Public Schools: A local school district or public university.
Public Transit: An organization like NJ Transit.
Public Employees: A police officer, firefighter, or any government employee acting in their official capacity.

The 90-day notice requirement is a strict prerequisite for filing a wrongful death lawsuit against a government agency.

Who Holds the Right To File a Wrongful Death Claim?

Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in New Jersey. This individual is also known as the administrator or executor of the estate. If the deceased person had a will, they likely named an executor in that document.

If the person died without a will (intestate), a court will appoint an administrator to manage the estate. Typically, a close family member, like a spouse or adult child, applies to the court for this appointment.

The personal representative acts as a fiduciary, meaning they must act in the best interests of the estate’s beneficiaries.

Defining the Beneficiaries of the Claim

While the personal representative files the lawsuit, they do so on behalf of the surviving heirs who suffered financial harm as a result of the death. Any compensation from the lawsuit does not go into the general estate but is distributed directly to these dependents.

Common beneficiaries in these cases include:

Spouse and Children: They are the primary beneficiaries under the law.
Parents: If the deceased had no spouse or children, their parents may recover damages, especially if they were financially dependent on their child.
Other Relatives: If no closer relatives survive, other family members like siblings or nieces and nephews may qualify if they can prove their financial dependency.

The goal is to compensate these individuals for the specific financial losses they incurred due to their loved one’s passing.

Available Damages in a New Jersey Wrongful Death Claim

A wrongful death claim aims to recover the financial losses that surviving dependents have suffered. Unlike some other personal injury claims, damages in a wrongful death lawsuit in New Jersey do not include compensation for the grief or emotional suffering of the family members.

Instead, the focus is purely on the economic value of the life that was lost. This calculation is complex and often requires the input of financial professionals to project the losses over what would have been the deceased’s natural lifespan.

Maggiano, DiGirolamo & Lizzi, P.C. works with these professionals to build a comprehensive picture of the family’s total financial damages. This detailed analysis forms the basis for settlement negotiations or a request for a jury award at trial.

The lawsuit seeks to recover compensation for various economic damages, including:

Lost Earnings: A claim may recover the income and wages the deceased would have earned and used to support the family throughout their career.
Loss of Services: The lawsuit seeks to secure the monetary value of services the deceased provided, such as childcare, home maintenance, and financial management.
Loss of Companionship: A wrongful death action includes the financial value of the advice, guidance, and companionship the deceased would have offered their dependents.
Medical Expenses: The family can recover compensation for any medical bills incurred for treatment of the fatal injuries between the incident and the time of death.
Funeral and Burial Costs: A successful claim includes the reasonable expenses that the family paid for funeral and burial services.

A separate legal action, known as a survival action, may recover damages for the pain and suffering the deceased experienced before their death. This is a distinct claim from the wrongful death lawsuit, but your lawyer can file them at the same time.

The two-year deadline in New Jersey’s wrongful death statute of limitations applies to both actions.

FAQ for New Jersey’s Wrongful Death Statute of Limitations

What Is the Discovery Rule in a New Jersey Wrongful Death Case?

The discovery rule is a rare exception that delays the start of the two-year filing deadline. This delayed clock begins when a person discovers, or reasonably should have discovered, that a wrongful act caused their loved one’s death.

This rule helps families who were initially unaware of the true cause, such as in cases of medical malpractice or toxic substance exposure.

Can Family Members Other Than a Spouse or Child File a Wrongful Death Claim?

While other family members cannot directly file the wrongful death lawsuit, they may be eligible to receive compensation as beneficiaries. In New Jersey, if the deceased has no surviving spouse or children, their parents can be beneficiaries.

If there are no parents, other relatives like siblings, nieces, or nephews may be eligible if they can prove they were financially dependent on the person who died.

How Does New Jersey’s Wrongful Death Statute of Limitations Apply to Cases Involving Children?

When the person who died is a minor, the standard statute of limitations applies. Parents or the child’s personal representative must file the wrongful death lawsuit within two years of the date of the child’s death.

However, if the person who died was an adult who left minor children as beneficiaries, New Jersey law pauses (tolls) the two-year deadline for the children’s claims. This special protection continues until the children reach the age of 18, preserving their right to seek compensation.

Does a Criminal Case Affect the Deadline for a Civil Wrongful Death Lawsuit?

A related criminal case can have a significant impact. If the death was caused by an act of murder, aggravated manslaughter, or manslaughter, the two-year deadline for the civil wrongful death claim doesn’t apply at all.

A family can file a lawsuit at any time after the death in these specific circumstances, regardless of the status or outcome of the criminal case.

What Happens if I Discover New Evidence After the Two-Year Deadline Has Passed?

Discovering new evidence after the deadline has passed creates a challenging situation. Your ability to file a claim will depend on whether the new evidence qualifies under the discovery rule.

You would have to demonstrate to a court that you couldn’t have reasonably discovered this evidence sooner, even with diligent effort.

Securing Your Family’s Future

The loss of a loved one creates immense emotional and financial turmoil. While legal action may not be the first thing on your mind, the clock is ticking. For families grappling with grief, two years can pass in the blink of an eye, which makes prompt action so important.

The legal process can seem daunting, but you don’t have to face it alone. The team at Maggiano, DiGirolamo & Lizzi, P.C. is here to carry that burden for you. Contact us for a free consultation at (201) 585-9111 to learn more about your options.