New Jersey § 2A:15-3 Actions which survive; torts to decedent; funeral and burial expenses; statute of limitations.

New Jersey Statutes

§ 2A:15-3 — Actions which survive; torts to decedent; funeral and burial expenses; statute of limitations.

New Jersey § 2A:15-3

Title 2AADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

This text of New Jersey § 2A:15-3 (Actions which survive; torts to decedent; funeral and burial expenses; statute of limitations.) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 2A:15-3 (2026).

Text

2A:15-3. a.

(1)Executors, administrators, and administrators ad prosequendum may have an action for any trespass done to the person or property, real or personal, of their testator or intestate against the trespasser, and recover their damages as their testator or intestate would have had if he was living. In those actions based upon the wrongful act, neglect, or default of another, where death resulted from injuries for which the deceased would have had a cause of action if he had lived, the executor, administrator, or administrator ad prosequendum may recover all reasonable funeral and burial expenses in addition to damages accrued during the lifetime of the deceased.

(2)In the case of a plaintiff qualified for appointment as administrator who was not yet appointed administrator at the

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2A:15-3. a. (1) Executors, administrators, and administrators ad prosequendum may have an action for any trespass done to the person or property, real or personal, of their testator or intestate against the trespasser, and recover their damages as their testator or intestate would have had if he was living. In those actions based upon the wrongful act, neglect, or default of another, where death resulted from injuries for which the deceased would have had a cause of action if he had lived, the executor, administrator, or administrator ad prosequendum may recover all reasonable funeral and burial expenses in addition to damages accrued during the lifetime of the deceased. (2) In the case of a plaintiff qualified for appointment as administrator who was not yet appointed administrator at the time the plaintiff commenced an action under this section, the court may allow the plaintiff to be designated administrator for the purposes of this section and to allow the plaintiff to amend pleadings nunc pro tunc relating back to the plaintiff's first filed pleading to reflect the designation. b. Every action brought under this chapter shall be commenced within two 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. Amended 1969, c.266; 2009, c.266; 2021, c.481, s.1.