By Richard M. Pescatore, Esq.
In most cases, a New Jersey wrongful death claim must be filed within two years of the death. The rule is in N.J.S.A. 2A:31-3. The claim is filed by a court-appointed representative, called an administrator ad prosequendum, so a family should leave time for that appointment.
When the clock starts
The two years usually run from the date of death, not the date of the accident or the medical error that caused it.
The exception that matters most
If a town, county or state agency may be responsible, a written notice is generally due within 90 days under the Tort Claims Act, N.J.S.A. 59:8-8. That is far shorter than two years, and it can apply to the people a family least expects, such as a public hospital or a road department. No time limit applies where the death resulted from murder, aggravated manslaughter or manslaughter and the defendant was convicted, found not guilty by reason of insanity, or adjudicated delinquent.
What to do now
Keep the death certificate, medical records and any accident report, and do not sign anything from an insurer. When you are ready, talk to a lawyer about the appointment and the deadline. Read more about wrongful death claims.
Deadlines depend on the facts of each case. This post is general information, not legal advice.