Who Can File a Wrongful Death Claim in New Jersey

By the FigureMyTax Editorial Team · How we calculate

New Jersey splits a death into two claims, one for the heirs and one for the estate.

The Wrongful Death Act

When a death is caused by a wrongful act, neglect or default that would have entitled the person to sue had they lived, the person who would have been liable is liable in damages, even if the death was caused under circumstances amounting to a crime.

Who receives the money

The amount recovered is for the exclusive benefit of the persons entitled to take the decedent's intestate personal property, in the proportions they would take. If there is a surviving spouse and one or more surviving descendants, they take equal proportions for purposes of recovery.

Dependents

If any of those persons depended on the decedent, they take as though they were the only ones entitled, in proportions the court decides without a jury, taking into account their age, physical and mental condition, the desirability of providing for their education, their finances and other support available.

The survival claim

The Survivor's Act, N.J.S.A. 2A:15-3, lets the decedent's estate recover for the injuries and damages the decedent sustained. Those recoveries belong to the estate and pass under the will or intestacy.

What survivors cannot claim

Survivors cannot recover for their own grief or emotional distress, though the pecuniary value of lost advice, guidance, counsel and companionship counts.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Jersey's rules apply to your specific case with a licensed New Jersey attorney.