How Long Do You Have to File a Wrongful Death Lawsuit in New Jersey?

Reviewed by Mazie Slater’s specialized wrongful death attorney [David A. Mazie – Managing Partner of Mazie Slater Katz & Freeman]

While nothing can prepare you for the death of a family member, such a loss can be more difficult when the tragedy is the result of negligence of another person or entity. If your loved one’s death may have been caused by a car accident, medical malpractice, a defective product, or another party’s reckless conduct, you may have the right to pursue a wrongful death claim in New Jersey — but only if you act within the law’s strict deadlines.

At Mazie Slater Katz & Freeman, our experienced New Jersey wrongful death attorneys will vigorously represent your interests and help you navigate this difficult time. This guide explains how long you have to file, who can file, and why waiting too long can put your case at serious risk.

“Wrongful death” is a legal doctrine that allows certain family members to seek compensation when a loved one dies as a result of someone else’s negligence“Wrongful death” is a legal doctrine that allows certain family members to seek compensation when a loved one dies as a result of someone else’s negligence, recklessness, or intentional conduct.  Wrongful death claims are civil — not criminal — and are separate from any criminal proceedings that may arise from the same event.

To prevail in a wrongful death lawsuit in New Jersey, your legal team must establish four key elements:

New Jersey law also recognizes two related but distinct types of claims that are often filed together:

Learn more about wrongful death lawsuits from our experts here at Mazie Slater Katz & Freeman.

A statute of limitations is a law that requires that a lawsuit be filed within a certain time period.  If a person or entity files after the statute of limitations expires, the lawsuit may be time barred. In New Jersey, the wrongful death statute of limitations is generally two years from the date of death, but it may be earlier if you know or should have known of a possible claim. In that circumstance the statute of limitations begins to run from that earlier time period. If a lawsuit is filed after the deadline expires, the court will almost certainly dismiss it — regardless of how strong the evidence is or how clear the negligence may be.

While the two-year rule applies in most cases, several important exceptions can extend or shorten the filing window. Understanding which exceptions apply to your situation is one of the first things an experienced wrongful death attorney will evaluate.

Normally, the two-year clock starts on the date of death. However, New Jersey’s Discovery Rule can toll (pause) the statute of limitations in cases where the negligence which caused the  death could not have been reasonably discovered at the time of death. This exception most commonly arises in medical malpractice cases or situations where a defendant actively concealed information about their role in the death. The clock begins to run when the surviving family members discover — or reasonably should have discovered — of a potential claim..

If the person entitled to file a claim is a minor, the statute of limitations may be tolled until they reach the age of 18. This does not automatically extend the deadline unless no adult representative, such as a parent or guardian, is available to act on the minor’s behalf. Cases involving minors can be complex, and the rules are not always straightforward. There are stricter timelines for birth injury claims.

If the wrongful death was caused by a government employee or public entity — such as a municipality, public school, state agency, or police department — the timeline is significantly shorter. Under the New Jersey Tort Claims Act, you must file a Notice of Claim within 90 days of the death. This is not the lawsuit itself, but a formal notice that you intend to pursue a claim. Missing this 90-day deadline can permanently bar your right to bring any action against the government entity, regardless of merit. This is one of the most commonly missed deadlines in wrongful death cases.

If the claimant is legally incapacitated at the time of the death, the statute of limitations may be tolled during the period of incapacity. Once legal capacity is restored, the two-year period begins to run.

Under New Jersey law, a wrongful death lawsuit must be filed by the executor or administrator of the deceased person’s estate. This is typically the person named in the will, or someone appointed by the court if there is no will. While the estate representative files the claim, any compensation recovered is distributed to the beneficiaries — usually the surviving family members who suffered losses as a result of the death. Beneficiaries in New Jersey wrongful death cases may include:

If your loved one died without a will, beneficiaries are determined by New Jersey’s intestacy laws. An experienced wrongful death attorney can help identify who may be eligible to receive proceeds and ensure that all eligible parties are properly represented in the claim.

While filing a lawsuit may not be your first priority in the wake of a tragedy, it is very important to speak with an attorney promptly in order to ensure that the statute of limitations of your claims does not run out.  There are several reasons why early consultation matters beyond simply meeting the two-year deadline.

At Mazie Slater Katz & Freeman our experienced wrongful death attorneys will vigorously represent your interests.  Our firm is one of the most reputable personal injury firms in New Jersey, and we have passionately represented our clients for years.  We have been recognized multiple times as Medical Malpractice Law Firm of the Year by the National Law Journal, and our attorneys have recovered tens of millions of dollars on behalf of New Jersey wrongful death families.

Some examples of our wrongful death results include:

Results may vary depending on your particular facts and legal circumstances.

We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. Learn more about our other successes, and contact us today for a free consultation.

This blog is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. If you are seeking legal advice, please contact Mazie Slater Katz & Freeman directly.