A Death Somebody Caused
N.J.S.A. 2A:31-2 — an administrator ad prosequendum sues, within 2 years after the death
In New Jersey, when a death is caused by a wrongful act, neglect or default that would have let the injured person sue had they lived, the person who would have been liable is liable in an action for damages, even where the death was caused under circumstances amounting to a crime.
Who brings it. Every action is brought in the name of an administrator ad prosequendum or administrator of the decedent, or, where the decedent left a will that is probated, the executor or the administrator with the will annexed.
2 years after the death. Every action is commenced within 2 years after the death, and not after; but if the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant was convicted, found not guilty by reason of insanity or adjudicated delinquent, the action may be brought at any time.
Damages. What the jury finds fair and just for the pecuniary injuries resulting from the death, together with the hospital, medical and funeral expenses incurred for the deceased.
Who receives it. The persons entitled to take the decedent's intestate personal property, in those proportions, except that a surviving spouse and surviving descendants share equally; dependents' shares are set by the court for a fair and equitable apportionment.
| The question | The statute's answer |
|---|---|
| The questionWho files | The statute's answerAn administrator ad prosequendum or administrator, or the executor where a will is probated |
| The questionWhat is compensated | The statute's answerPecuniary injuries from the death, plus hospital, medical and funeral expenses |
| The questionHow long | The statute's answer2 years after the death, or any time after a conviction for murder or manslaughter |
The separate survival action, how pecuniary injuries are proved, and apportionment among dependents are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed New Jersey attorney.
Sources for this section (5)
- N.J.S.A. 2A:31-1 — When action lies
- N.J.S.A. 2A:31-2 — Persons entitled to sue or make claim
- N.J.S.A. 2A:31-3 — Limitation of actions; exceptions
- N.J.S.A. 2A:31-4 — Persons entitled to amount recovered
- N.J.S.A. 2A:31-5 — Assessment of damages by jury
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.