What is the wrongful death deadline in New Jersey?

Two years after the death under N.J.S.A. 2A:31-3.

How is that different from an injury claim?

Both are two years; the death clock runs from the death and the injury clock from the injury.

Does the deadline pause?

Exceptions such as the discovery rule apply to some claims; confirm with an attorney.

Wrongful Death Deadline vs. Personal Injury Statute of Limitations

Q: Is there ever no deadline?

Yes, if the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity, or adjudicated delinquent.

Q: What if a public entity is involved?

A notice of claim must be served within 90 days of accrual.

By the FigureMyTax Editorial Team · How we calculate

New Jersey's wrongful death deadline matches the general injury deadline, with a homicide exception.

Two years from death

Under N.J.S.A. 2A:31-3, every wrongful death action must be commenced within two years after the death of the decedent.

The homicide exception

If the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity, or adjudicated delinquent, the action may be brought at any time.

Compared with an injury claim

Most personal injury claims also have two years under N.J.S.A. 2A:14-2, measured from the injury, so the family's period matches what the injured person would have had.

Medical malpractice

Malpractice generally has two years from accrual, subject to the discovery rule, and requires an affidavit of merit.

Public entities

A notice of claim must be served within 90 days of accrual, followed by a six-month wait before suing, and late notice requires extraordinary circumstances.

Injured in New Jersey?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a New Jersey attorney

Official sources

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.