Losing someone in a crash is a shock no one is ready for, and the legal questions that follow can feel impossible to face. You do not have to sort them out all at once, but a few early steps help protect your family's rights while you grieve.
It may not feel easy to make legal decisions in the immediate aftermath, but a few practical steps preserve what a claim may later need. First, request a copy of the police crash report, the NJTR-1, once it is available, and keep any records from the hospital or medical examiner.
Hold on to the deceased person's documents and belongings from the crash rather than letting anything be discarded, including the vehicle itself when possible, since it can hold evidence about how the crash happened. Photographs, the names of any witnesses, and news of any criminal charges against the at-fault driver are all worth preserving.
If an insurer contacts you early, you are not required to give a recorded statement or sign forms before you understand your rights. Early offers are sometimes made before the full extent of a family's loss is clear, and accepting one can close the door on a larger claim.
A New Jersey wrongful death claim is not filed by family members individually.
It is brought by the personal representative of the deceased person's estate under New Jersey Statutes section 2A:31-1, for the benefit of the surviving family who depended on them. If no representative has been named yet, the court can appoint one so the claim can move forward.
The recovery is then shared among the survivors according to the financial loss each one suffered, and if they cannot agree, a court can decide the shares.
Understanding who can file a wrongful death claim and what it recovers is often the first thing a grieving family needs to know.
New Jersey law actually provides two separate claims after a fatal crash.
The wrongful death claim under section 2A:31-4 recovers the financial losses the survivors suffered, such as lost support, services, and guidance.
The survival claim under section 2A:15-3 belongs to the estate and recovers what the deceased person endured before death, including their own conscious pain and suffering.
The two compensate for different harms and are best pursued together. They can also carry different deadlines, since the survival claim generally runs from the date of injury while the wrongful death claim runs from the date of death, so a family that tracks only one date can lose the other.
Time limits apply even in the middle of grief. A wrongful death claim generally must be filed within two years of the date of death under section 2A:31-3.
If a government vehicle or a public road played a role, the New Jersey Tort Claims Act can require written notice within just 90 days under section 59:8-8.
Because these deadlines can pass quietly during a difficult time, it helps to have someone tracking them for you. Evidence fades on the same clock, as witnesses move and vehicles are repaired, so acting within the first weeks and months preserves far more of what a claim may need.
The Law Offices of Sander Budanitsky, L.L.C. handles the investigation, the paperwork, and the deadlines so a family does not have to.
Attorney Sander Budanitsky has represented injured New Jersey clients since 1996 and approaches these cases with the care they deserve. A wrongful death case is handled with a family's grief in mind, not as a set of forms to rush through.
The consultation with the Law Offices of Sander Budanitsky, L.L.C. is free, and you owe no fee unless there is a recovery.
The personal representative of the deceased person's estate files the claim for the benefit of the surviving family members who depended on them, such as a spouse, children, or parents.
A wrongful death claim generally must be filed within two years of the date of death. A 90-day notice deadline can apply if a government entity was involved.
Reviewed by Sander Budanitsky, Esq., admitted to the New Jersey Bar in 1996.
Last reviewed: October 2026
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New Jersey attorney.
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