Wrongful Death:

New Jersey

2A:31-1.  When action lies

When the death of a person is caused by a wrongful act, neglect or default,  such as would, if death had not ensued, have entitled the person injured to  maintain an action for damages resulting from the injury, the person who would  have been liable in damages for the injury if death had not ensued shall be  liable in an action for damages, notwithstanding the death of the person  injured and although the death was caused under circumstances amounting in law  to a crime.

 

2A:31-2.  Persons entitled to sue or make claim

Every action commenced under this chapter shall be brought in the name of an  administrator ad prosequendum of the decedent for whose death damages are sought, except where decedent dies testate and his will is probated, in which event the executor named in the will and qualifying, or the administrator with the will annexed, as the case may be, shall bring the action.

 

2A:31-3.  Limitation of actions; exceptions 

Every action brought under this chapter shall be commenced within 2 years after the death of the decedent, and not thereafter, provided, however, that if 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 action may be brought at any time.

 

2A:31-4  Persons entitled to amount recovered.

The amount recovered in proceedings under this chapter shall be for the exclusive benefit of the persons entitled to take any intestate personal property of the decedent, and in the proportions in which they are entitled to take the same except if there is a surviving spouse of the decedent and one or more surviving descendants of the decedent they shall be entitled to equal proportions for purposes of recovery under this chapter notwithstanding the provisions of Title 3B of the New Jersey Statutes.  If any of the persons so entitled in accordance with this section were dependent on the decedent at his death, they shall take the same as though they were sole persons so entitled, in such proportions, as shall be determined by the court without a jury, and as will result in a fair and equitable apportionment of the amount recovered, among them, taking into account in such determination, but not limited necessarily thereby, the age of the dependents, their physical and mental condition, the necessity or desirability of providing them with educational facilities, their financial condition and the availability to them of other means of support, present and future, and any other relevant factors which will contribute to a fair and equitable apportionment of the amount recovered.

 

 

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