The Law Offices of Richard M. Pescatore are located in both Vineland and Marlton, New Jersey. The firm has successfully achieved verdicts of one million dollars and more on behalf of its clients, together with multi-million dollar settlements.
The Law Offices of Richard M. Pescatore are located in both Vineland and Marlton, New Jersey. The firm has successfully achieved verdicts of one million dollars and more on behalf of its clients, together with multi-million dollar settlements.
In New Jersey, a wrongful death claim is filed by a court-appointed representative, called an administrator ad prosequendum, on behalf of the family. It generally must be filed within two years of the death. The claim seeks the financial losses the death caused. The firm helps families across South Jersey from Vineland and Marlton.
New Jersey's Wrongful Death Act says the claim belongs to an administrator ad prosequendum, usually a close family member appointed by the Surrogate. The family does not file as individuals. If a will names an executor, the executor can usually bring the claim.
Money recovered goes to the people who would inherit under New Jersey's intestacy laws, such as a surviving spouse, children or parents, in the shares the statute sets, with priority for dependents.
The Act allows recovery for financial losses. That includes the income the person would have provided, and the financial value of the care, advice and companionship a family would have received, along with hospital, medical and funeral expenses. New Jersey does not allow survivors to recover for grief or their own emotional distress.
A separate claim under the Survival Act can recover what the person themself lost before death, such as pain and suffering and medical bills, along with funeral and burial expenses. The two claims are usually brought together.
Generally two years from the date of death.
Claims against a public entity generally need a written notice within 90 days, so call early if a town, county or state worker was involved.
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.
There is no rush to decide anything today, but a few steps protect the claim.
Keep the death certificate, medical bills and any accident or police reports.
Do not sign anything from an insurance company, and refer calls to your lawyer.
Save photos, videos and the names of witnesses.
Gather pay records and tax returns if the person was working.
Talk to a lawyer about being appointed administrator ad prosequendum.
Can I file if I am a sibling or an adult child? It depends on who survives the person. A lawyer can walk through the family tree with you.
What if there is no will? The Surrogate can still appoint an administrator ad prosequendum.
Does a criminal case affect this? A civil claim is separate. It can go forward whether or not charges are filed.
Call (856) 507-1000 or use the contact form. The firm has offices at 1055 East Landis Avenue, Vineland, NJ 08360, and 2 North Maple Avenue, Marlton, NJ 08053.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and outcomes depend on the facts of each case.
Last updated November 4, 2026.