New Jersey Wrongful Death Settlement Calculator
N.J.S.A. 2A:31-2 — brought in the name of an administrator ad prosequendum, not directly by the surviving spouse or other family. Two-year filing deadline under N.J.S.A. 2A:31-3. Attorney contingency fees are capped on a sliding scale by court rule.
What does New Jersey law say about who can sue, the deadline, and attorney fees in a wrongful death case? The action must be brought by an administrator ad prosequendum (or the qualifying executor), generally within two years of the date of death. No verified settlement-value data is available for this page, so no dollar range is given here.
⚖ N.J.S.A. 2A:31-3: 2-year deadline from the date of death. Public-entity claims need a separate 90-day notice under the NJ Tort Claims Act — missing it can forever bar the claim.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
New Jersey Wrongful Death: Who Can Sue, the Deadline, and Attorney Fees
Under N.J.S.A. 2A:31-2, a New Jersey wrongful death action must be brought in the name of an administrator ad prosequendum of the decedent — or, where the decedent died testate and the will was probated, the qualifying named executor or an administrator with the will annexed. This is who must bring the suit, not the surviving spouse or other family members directly, even though the recovery is ultimately for their benefit.
The general filing deadline is two years after the date of the decedent's death (N.J.S.A. 2A:31-3) — not two years from the date of the underlying injury. New Jersey law provides one narrow exception: where 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 statute removes the time bar entirely and the action may be brought at any time. Separately, if the claim is against a New Jersey public entity or public employee, the New Jersey Tort Claims Act (N.J.S.A. 59:8-8) requires a notice of claim no later than the 90th day after the cause of action accrues — a much shorter, distinct deadline from the general two-year period. Missing that 90-day window can forever bar the claim even though the two-year deadline has not yet run.
New Jersey does not set a flat contingency-fee percentage. Under N.J. Ct. R. 1:21-7(c), (d), and (f), the fee is capped on a sliding scale: 33 1/3% on the first $750,000 recovered, then decreasing tiers — 30%, 25%, and 20% — on each additional $750,000. This is a ceiling set by court rule, not a rate that applies to every case; it depends on the size of the recovery and is calculated on the net amount after costs. Where the claim involves a minor and settles before trial, the fee is capped at 25%, and above $3,000,000 total recovery a fee above the scheduled cap requires a separate court application (R. 1:21-7(c)(6),(f)).
New Jersey Wrongful Death FAQs
Who can file a wrongful death claim in New Jersey?
The claim must be brought in the name of an administrator ad prosequendum of the decedent (N.J.S.A. 2A:31-2), or, if the will was probated, the qualifying named executor or an administrator with the will annexed. The surviving spouse or other family members do not sue directly, even though the recovery is for their benefit.
How long do I have to file a wrongful death lawsuit in New Jersey?
Generally two years after the date of the decedent's death, not the date of the underlying injury (N.J.S.A. 2A:31-3).
Is the deadline different if a government agency or public employee is involved?
Yes. Under the New Jersey Tort Claims Act (N.J.S.A. 59:8-8), a claim against a public entity or employee requires a notice of claim no later than the 90th day after the cause of action accrues — separate from, and much shorter than, the general two-year deadline. Missing the 90-day window can forever bar the claim.
Is there any exception to the two-year filing deadline?
Yes, one narrow exception. Where 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 time bar is removed entirely and the action may be brought at any time.
Is there a cap on what an attorney can charge on contingency in New Jersey?
Yes, but as a sliding-scale ceiling, not a flat rate. Under N.J. Ct. R. 1:21-7(c),(d),(f), the maximum is 33 1/3% on the first $750,000 recovered, then 30%, 25%, and 20% on each additional $750,000.
How is the New Jersey attorney fee percentage calculated?
On the net recovery after costs, not the gross amount. Above a total recovery of $3,000,000, a fee exceeding the scheduled cap requires a separate court application (R. 1:21-7(c)(6),(f)).
Does the fee cap change when the case involves a minor?
Yes. Where a minor is involved and the case settles before trial, the contingency fee is capped at 25%, below the general sliding-scale maximum.
Does the two-year deadline mean it is safe to wait before talking to someone?
No. The two-year period is the outer limit for a claim against a private party, and a separate 90-day notice deadline can apply and expire much sooner if a public entity or employee is involved. No verified settlement-value data is available on this page, so waiting does not produce a clearer number — it only narrows the time to meet whichever deadline applies.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for New Jersey
Each New Jersey calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses New Jersey verdict data where available.