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What Is the Statute of Limitations for Wrongful Death in New Jersey?

In New Jersey, the statute of limitations for wrongful death is generally 2 years under N.J.S.A. § 2A:31-3.

2 YEARS
Wrongful Death · New Jersey
✓ Verified Checked Sep 2026

Wrongful death Deadlines in New Jersey

How long do you have to file a wrongful death claim in New Jersey?

In New Jersey, the statute of limitations for wrongful death is generally 2 years under N.J.S.A. § 2A:31-3.

When does the clock start for wrongful death in New Jersey?

Two years after the death.

Can the New Jersey deadline for wrongful death be extended?

New Jersey removes the limitation entirely where the death resulted from murder, aggravated manslaughter, or manslaughter and the defendant has been convicted, found not guilty by reason of insanity, or adjudicated delinquent.

Is the deadline different if the claim is against the government in New Jersey?

Often, yes. Notice of tort claim within 90 days under N.J.S.A. § 59:8-8. The New Jersey Tort Claims Act requires a notice of claim to be filed with the public entity within 90 days of accrual. The notice does not replace the two-year limitations period — both must be met, and the suit generally cannot be filed until the entity has…

How does New Jersey compare to other states for wrongful death?

New Jersey's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →

What Does Wrongful Death Cover?

Situations that typically fall under the wrongful death deadline in New Jersey:

01 Fatal vehicle or workplace accidents
02 Death from medical negligence
03 Death caused by a defective product
04 Death from criminal or intentional acts
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Other Filing Deadlines in New Jersey

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed New Jersey attorney can tell you the deadline that applies to your situation.
See every filing deadline in New Jersey, or compare wrongful death across all states.
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