State file: New Jersey

Wrongful Death Attorneys in New Jersey: Your Complete Legal Guide

4 min read

2 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

New Jersey’s wrongful death action is generally brought in the name of an administrator ad prosequendum or of an administrator, with a different rule when an executor serves under a will. A 2021 amendment lets a qualified person who has not yet been appointed file, with the later appointment relating back. The same 2021 law set the filing period at two years after the death, with an exception for deaths resulting from homicide.

New Jersey Wrongful Death at a Glance

Question New Jersey answer
Cause of action N.J.S.A. 2A:31-1
Who files? An administrator ad prosequendum or administrator; a different rule applies when there is an executor under a will (2A:31-2)
Not yet appointed A 2021 amendment allows relation back for a qualified plaintiff not yet appointed (2A:31-2)
Deadline Two years after the death, with a homicide exception (2021 law amending the chapter)

Who Brings the Case

N.J.S.A. 2A:31-1 creates the wrongful death cause of action. Under 2A:31-2, the action is brought in the name of an administrator ad prosequendum or an administrator, except that an executor, or an administrator with the will annexed, acts when the person died with a will that was probated.

Filing before appointment. A 2021 amendment to 2A:31-2 provides that an action filed by a person qualified to be appointed, but not yet appointed, relates back once the appointment is made.

The Deadline

The 2021 law that amended the chapter contains the rule that a wrongful death action must be brought within two years after the death, with an exception permitting an action at any time when the death resulted from specified homicide offenses and the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent.

Topics This Guide Does Not Cover

New Jersey’s survival statute, the comparative negligence statutes, and the notice and timing rules of the Tort Claims Act for claims against public entities were not reviewed for this guide. How they apply to a particular death is a question for counsel.

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in New Jersey

1. Mazie Slater Katz & Freeman, LLC

An elite, heavy-hitting trial firm that routinely makes headlines for record-shattering, multi-million dollar verdicts in New Jersey including massive medical malpractice and product liability wins. Their aggressive litigation style is perfectly suited for maximizing loss of services and companionship against major hospitals and corporations.

2. Stark & Stark

A legal giant in New Jersey with over 80 years of history. Because NJ strictly requires an Administrator to act on behalf of the specific beneficiaries, their interconnected estate planning and personal injury departments can instantly set up the required legal framework. They dominate in fatal commercial trucking, construction site, and motorcycle accidents.

3. Davis, Saperstein & Salomon, P.C.

A highly formidable firm with a massive volume of successful catastrophic injury cases. They are uniquely equipped to handle the complex separate survival actions in New Jersey, utilizing medical experts to prove a deceased victim’s conscious pain and suffering right before death. They heavily focus on the total pecuniary devastation suffered by the surviving family.

Frequently Asked Questions

In whose name is a New Jersey wrongful death case filed?

Generally an administrator ad prosequendum or an administrator, with a different rule when an executor serves under a will.

What if the family files before the appointment is made?

A 2021 amendment allows an action filed by a qualified person who has not yet been appointed to relate back once the appointment is made.

How long does the family have?

Two years after the death, with an exception for deaths resulting from homicide.

Sources and Last Review

New Jersey Statutes 2A:31-1 and 2A:31-2, and the 2021 law amending chapter 31 of Title 2A. This page summarizes these provisions from secondary descriptions of the statutes; the official statutory text was not reviewed for this guide. Last updated October 2026. This page is general information about New Jersey law, not legal advice about a specific death.