New Jersey Statutes
N.J. Stat. § 2A:31-1 (2026)
When action lies
✓ current as of May 2026
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.
Notes of Decisions
Cited in 109
cases (33 in the last 5 years), 1953–2026 · leading case: O'Donnell v. N.J. Tpk. Auth., 199 A.3d 786 (N.J. 2019).
O'Donnell v. N.J. Tpk. Auth., 199 A.3d 786 (N.J. 2019). “O'Donnell retained new counsel, who served an amended notice of claim on the NJTA one hundred and ninety-seven days after the accident.”
Alexander v. Whitman, 114 F.3d 1392 (3rd Cir. 1997). “Plaintiffs had alleged that New Jersey's Wrongful Death Act, N.J.S.A. 2A:31-1 et seq., and Survival Action Act, N.”
Goodman v. Mead Johnson & Co., 534 F.2d 566 (3rd Cir. 1976). “However, in the amended complaint he also included a wrongful death claim under N.J.S.A. 2A:31-1 et seq. Thus, besides the decedent’s thrombophlebitis and cancer personal injury claims and Robert Goodman’s per quod claim there was before the court a statutory wrongful death…”
Megan Gunter v. Twp. of Lumberton, 535 F. App'x 144 (3rd Cir. 2013). “§ 1983 for excessive force and deprivation of medical care, and a claim under the New Jersey Wrongful Death Act, N.J. Stat. Ann. § 2A:31-1. The District Court initially denied the police officers’ motion for summary judgment on all claims.”
Goodman v. Mead Johnson & Co., 534 F.2d 566 (3rd Cir. 1976). “However, in the amended complaint he also included a wrongful death claim under N.J.S.A. 2A:31-1 et seq. 7 Thus, besides the decedent's thrombophlebitis and cancer personal injury claims and Robert Goodman's per quod claim there was before the court a statutory wrongful death…”
Spangler v. McQuitty, 141 A.3d 156 (Md. 2016). “See N.J.S.A. 2A:31-1 through N.J.S.A. 2A:31-6.”
Capone v. Nadig, 963 F. Supp. 409 (D.N.J. 1997). “Wrongful Death Claim Defendant also moves for partial summary judgment on the wrongful death claim brought by Mr. Capone as the administrator of Ms.”
Debra Warren v. Christopher P. Muenzen, 150 A.3d 940 (N.J. Super. Ct. App. Div. 2016). “In counts one and two, plaintiff sought pecuniary damages on behalf of her husband's estate pursuant to the Wrongful Death Act, N.J.S.A. 2A:31-1 to - 6 (the WDA). In count three, plaintiff sought damages for 2 To avoid confusion, we may use plaintiff's decedent's first name.”
Benjamin v. East Orange Police Dep't, 937 F. Supp. 2d 582 (D.N.J. 2013). “2A15-3); (8) Count 8: New Jersey Wrongful Death Act (N.J.S.A.2A:31-1); and (9) Count 9: 42 U.S.”
Holzsager v. Warburton, 452 F. Supp. 1267 (D.N.J. 1978). “Analysis of the complaint Although subdivided into five “causes”, the claims fall into the following categories: (1) a death claim under N.J.S.A. 2A:31-1, et seq.) (2) a personal injury claim (including pain and suffering) for damages suffered by the decedent up to his death,…”
Greenbaum v. Islamic Repub. of Iran, 451 F. Supp. 2d 90 (D.D.C. 2006). “N.J. Stat. Ann. § 2A:31-1, 31-2, 31-5 (2006).”
Seoung Ouk Cho v. Trinitas Reg'l Med., 129 A.3d 350 (N.J. Super. Ct. App. Div. 2015). “In March 2012, defendants Park, Garden State and Shao were granted partial summary judgment, dismissing Cui's claims with prejudice on the ground that, as Cho's fiancée she was not entitled to any recovery under the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6. The trial court…”
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