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.
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:
