Wrongful Death Complaint - New Jersey

STATE OF NEW JERSEY

SUPERIOR COURT OF NEW JERSEY – [COUNTY] VICINAGE

LAW DIVISION – CIVIL PART

Docket No.: [DOCKET NO.]
Civil Action

COMPLAINT AND JURY DEMAND
(Wrongful Death – N.J.S.A. 2A:31-1 et seq. & Survival Act – N.J.S.A. 2A:15-3)

TABLE OF CONTENTS

1. Parties, Jurisdiction, and Venue
2. Factual Allegations
3. Count I – Wrongful Death (Negligence)
4. Count II – Survival Action
5. Damages Allegations
6. Demand for Jury Trial
7. Prayer for Relief
8. Designation of Trial Counsel
9. Certification of Counsel Pursuant to R. 4:5-1(b)(2)

1. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] (the “Personal Representative”) is the duly appointed or qualified [administrator ad prosequendum / administrator / executor named in the probated will / administrator with the will annexed] for [DECEDENT NAME] (the “Decedent”), residing at [ADDRESS], and is authorized under N.J.S.A. 2A:31-2 and N.J.S.A. 2A:15-3 to bring the applicable claims on behalf of:
   a. The Estate pursuant to the New Jersey Survivor's Act, N.J.S.A. 2A:15-3; and
   b. All statutory beneficiaries entitled to damages under the New Jersey Wrongful Death Act, N.J.S.A. 2A:31-1 to -6 (the “Wrongful Death Beneficiaries”), as determined under the current Title 3B intestacy provisions and the proportions set forth in N.J.S.A. 2A:31-4.

2. Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/individual/etc.] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and conducted business and/or committed tortious acts in [COUNTY], New Jersey.

3. Jurisdiction is proper under N.J. Const. art. VI, § III, ¶ 2, which confers upon the Superior Court original general jurisdiction throughout the State in all causes, because the cause of action arose in, and the damages were sustained in, the State of New Jersey.

4. Venue is proper in this Court pursuant to R. 4:3-2(a)(3) because [COUNTY] is where the cause of action arose and/or where a party to the action resides or conducts business.

2. FACTUAL ALLEGATIONS

5. On or about [DATE], Defendant owed Decedent a duty of reasonable care to [describe duty: operate a motor vehicle safely/provide medical treatment/manufacture a safe product, etc.].

6. Defendant breached that duty by [SPECIFIC NEGLIGENT ACTS OR OMISSIONS].

7. As a direct and proximate result of Defendant’s negligence, Decedent sustained severe injuries on [DATE], causing Decedent’s death on [DATE OF DEATH].

8. All statutory prerequisites to the commencement of this action have been satisfied, including the timely appointment of the Personal Representative and compliance with any notice provisions applicable under New Jersey law.

3. COUNT I – WRONGFUL DEATH

(Negligence – N.J.S.A. 2A:31-1 et seq.)

9. Plaintiff repeats and realleges Paragraphs 1–8 as if fully set forth herein.

10. Under N.J.S.A. 2A:31-1, the wrongful act, neglect, or default of Defendant, which would have entitled Decedent to maintain an action and recover damages had death not ensued, gives rise to this cause of action for the exclusive benefit of the Wrongful Death Beneficiaries.

11. The Wrongful Death Beneficiaries have suffered pecuniary losses, including but not limited to:
    a. Loss of financial support, advice, and counsel;
    b. Loss of household services;
    c. Loss of Decedent’s expected future earnings and fringe benefits; and
    d. Hospital, medical, and funeral expenses incurred for Decedent, as allowed by N.J.S.A. 2A:31-5.

12. Pursuant to N.J.S.A. 2A:31-4, recovery is initially for eligible intestate takers in their intestacy proportions, except that when a surviving spouse and one or more descendants survive, they are entitled to equal proportions for wrongful-death recovery notwithstanding Title 3B. If any eligible taker was dependent on Decedent at death, the dependent takers take as though they were the sole persons entitled, in fair and equitable proportions determined by the Court without a jury after considering the statutory factors.

4. COUNT II – SURVIVAL ACTION

(N.J.S.A. 2A:15-3)

13. Plaintiff repeats and realleges Paragraphs 1–12 as if fully set forth herein.

14. Under N.J.S.A. 2A:15-3, Plaintiff may pursue the Decedent's accrued personal-injury damages and the expenses authorized by that section.

15. Between the date of injury and the date of death, Decedent endured conscious pain and suffering, incurred medical expenses, and sustained economic losses including lost wages.

16. Plaintiff, on behalf of the Estate, seeks supported damages recoverable under the Survival Act, including pre-death pain and suffering, medical expenses, and lost earnings, without duplicating any expense sought under Count I.

5. DAMAGES ALLEGATIONS

17. Plaintiff demands judgment against Defendant, jointly and severally where applicable, in amounts proven at trial, including:
    a. Pecuniary losses of Wrongful Death Beneficiaries (Count I);
    b. Conscious pain and suffering, medical bills, and lost wages of Decedent (Count II);
    c. Pre- and post-judgment interest as permitted by Court Rule and statute; and
    d. Costs of suit.

6. DEMAND FOR JURY TRIAL

18. Pursuant to N.J. Const. art. I, ¶ 9 and R. 1:8-1(b) and R. 4:35-1, Plaintiff hereby demands a trial by jury on all issues so triable.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against Defendant as follows:

A. On Count I (Wrongful Death), pecuniary damages in an amount to be determined by the jury pursuant to N.J.S.A. 2A:31-5, distributed to the Wrongful Death Beneficiaries in accordance with N.J.S.A. 2A:31-4;
B. On Count II (Survival Action), damages recoverable under N.J.S.A. 2A:15-3 for the Decedent's own conscious pain and suffering, medical expenses, lost earnings, and reasonable funeral and burial expenses, payable to the Estate and without duplicate recovery of an expense awarded under Count I;
C. Pre- and post-judgment interest as permitted by Court Rule and statute; and
D. Costs of suit and such other and further relief as the Court deems just and equitable.

8. DESIGNATION OF TRIAL COUNSEL

Pursuant to R. 4:25-4, [ATTORNEY NAME] of [LAW FIRM NAME] is hereby designated as trial counsel for Plaintiff in this matter.

9. CERTIFICATION OF COUNSEL PURSUANT TO R. 4:5-1(b)(2)

I certify that the matter in controversy is not the subject of any other action pending in any Court or arbitration proceeding, nor is any other action or arbitration proceeding contemplated. I know of no other parties who should be joined in this action at this time. If I subsequently become aware of any such action or parties, I will file and serve an amended certification as required by the Rule.

Date: _______________ Respectfully submitted,

_________________________________
[ATTORNEY NAME], Esq.
[LAW FIRM NAME]
[ADDRESS]
[TEL] | [EMAIL]
Attorney for Plaintiff

Sources and References

• New Jersey Legislature, N.J.S.A. 2A:31-4 — Persons entitled to amount recovered (official unannotated statutes database updated through P.L.2025, c.405, and J.R.22; accessed August 10, 2026)