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The best time to file a wrongful death claim is as soon as possible after a loved one’s passing—once the immediate aftermath has been managed and legal representation has been secured. In New Jersey, the statute of limitations is generally two years, but certain factors may shorten or complicate that timeline. Acting early helps preserve evidence, identify responsible parties, and protect your family’s right to compensation.
What Is the Statute of Limitations for Wrongful Death in New Jersey?
In most cases, you have two years from the date of the person’s death to file a wrongful death claim in New Jersey. This deadline is known as the statute of limitations, and missing it can result in losing your right to seek compensation—no matter how strong the case might be.
There are a few exceptions:
- If the death was caused by a public entity (e.g., municipal vehicle), a notice of claim may be required within 90 days
- If the claim involves a minor dependent, certain procedural differences may apply
- In rare instances, the clock may start later if the cause of death wasn’t immediately known
That’s why consulting an attorney early is crucial, even if you’re not ready to file a formal lawsuit right away.
Why Filing Early Matters
Waiting until the end of the statute period can create unnecessary risk. Important evidence—such as accident reports, surveillance footage, or witness statements—can be lost or degraded over time. The longer you wait, the more difficult it may become to establish liability or connect the death to the underlying incident.
Filing earlier also gives your attorney more time to:
- Investigate the cause of death
- Identify all responsible parties
- Calculate damages, including long-term financial losses
- Consult with medical and forensic experts
- Negotiate a possible settlement or prepare for trial
Even if you’re not emotionally ready for legal proceedings, starting the process protects your options.
Who Has the Right to File a Wrongful Death Lawsuit?
In New Jersey, a wrongful death lawsuit is typically brought by the personal representative (executor) of the deceased person’s estate, on behalf of eligible surviving family members. These may include:
- Spouses
- Children
- Parents
- Siblings
- Other financial dependents
The claim seeks damages for the benefit of those who relied on the deceased person for support, companionship, or services.
What Damages Can You Recover?
Filing a wrongful death claim allows surviving family members to seek compensation for both financial and emotional losses. These may include:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of financial support (income the person would have provided)
- Loss of services (household contributions, childcare, etc.)
- Loss of companionship, care, and guidance
Punitive damages may also be available in cases involving extreme recklessness or intentional harm.
How to Know If Now Is the Right Time
The decision to move forward with a claim is personal. You don’t need to rush into litigation while grieving, but you also don’t want to wait so long that critical evidence disappears or deadlines pass. If you’re unsure, speaking with a wrongful death attorney can provide clarity without pressure.
The best time to begin is when:
- You’ve addressed immediate medical or legal matters
- You have basic documentation about the incident (e.g., police report, death certificate)
- You’re emotionally able to speak with a legal professional
- There is still time remaining under the statute of limitations
Even an initial consultation can help you understand whether it’s time to act.
Contact Nagel Rice for Guidance After a Loss
At Nagel Rice LLP, we represent families across New Jersey who have lost loved ones due to negligence, malpractice, or wrongful acts. We know how complex these cases are—not just legally, but emotionally—and we work to make the process as clear and compassionate as possible. Whether you’re ready to file or simply need guidance, we’re here to help.
Contact us today for a free consultation.
Frequently Asked Questions
Can multiple family members file separate wrongful death claims?
No. In New Jersey, only one wrongful death lawsuit can be filed, and it must be brought by the executor or personal representative of the deceased’s estate. That claim is made on behalf of all eligible beneficiaries, who then share in any compensation awarded.
What if the cause of death is under investigation?
You can still contact an attorney and begin gathering information while the official cause of death is being determined. In some cases, your legal team may conduct a parallel investigation or consult with independent experts while awaiting final results.
How long does a wrongful death lawsuit typically take?
There’s no set timeline. Some claims settle within months, while others—especially those involving contested liability or complex damages—can take a year or more. Your attorney can give you a more accurate estimate based on the specific facts of your case.