Wrongful death after a New Jersey car accident: what families can do
A death in a New Jersey car crash can carry two separate claims, wrongful death and survivorship: in the Dutton case the jury gave the estate $500,000 and $108,000. PIP may also pay a death and funeral benefit, whoever was at fault, if the policy has the Extra PIP Package.
Did another driver cause the crash that killed your family member? A 30-second questionnaire checks whether a lawyer's office may review the claim against that driver for free.
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What happens if a person dies in a car accident in NJ?
Two claims can follow against the driver who caused it: wrongful death, and survivorship for what the person suffered before dying.
In Dutton the survivorship award covered the son's own conscious pain and suffering, separate from the wrongful death award. The claim is paid from the at-fault driver's bodily injury liability insurance, which DOBI says covers people who die in a crash that driver causes.
Does PIP pay a death benefit after a fatal NJ crash?
Yes, if the policy carries the Extra PIP Package, which includes a death benefit and a funeral expense benefit.
| Coverage | Whose policy | What DOBI says it pays | Does fault matter? |
|---|---|---|---|
| PIP death benefit | The policy that provides PIP for the person who died | "Family members or estates will receive any benefits not already collected under the income continuation and essential services coverages." | No |
| PIP funeral expense benefit | Same policy | "Reasonable funeral expenses up to the limit you select if you die as a result of an auto accident." | No |
| Special Automobile Insurance Policy (SAIP, "dollar-a-day") | A Medicaid enrollee's SAIP | A $10,000 death benefit, plus emergency treatment | No |
| Bodily injury liability | The driver who caused the crash | "Claims and lawsuits by people who are injured or die as a result of an auto accident you cause" | Yes |
| Uninsured or underinsured motorist (UM/UIM) | Your own policy | Bodily injury caused by a driver with no insurance or too little insurance | Yes |
A policyholder can decline the Extra PIP Package. How the funeral and other limits are chosen is on New Jersey PIP limits and medical bills.1
Can a family sue for pain and suffering after a fatal crash?
Yes. Under the limited lawsuit option, death is the first injury on the list that allows a pain and suffering claim.
If the person who died was partly at fault, the award is reduced rather than refused, as it was in Dutton. Real fault splits are on real NJ fault splits.2
How long do you have to sue after a fatal car accident in NJ?
The Wrongful Death Act sets its own time limit, which this site has not verified, so do not assume the two-year injury rule applies.
The one deadline verified here is the 90-day written notice of claim needed when a public body, such as a town, the state or NJ Transit, is involved. Clocks for injury and PIP suits are on the New Jersey statute of limitations page.3
What have New Jersey appeals courts decided in fatal crash cases?
All 8 civil death appeals we coded were affirmed, and Dutton shows how one death splits into two claims.
They are 8 of the 17 death cases among 76 New Jersey car appeals in our table. The other 9 are criminal appeals by drivers, a separate track from the family's claim.
| Case | Year, county | What happened | Result on appeal |
|---|---|---|---|
| Berkoski v. Honda Motor Co. | 2025, Camden | Head-on collision after a lane departure | Affirmed |
| Jameel v. Dember | 2025, Middlesex | Left-turning car struck a pedestrian in an employee parking lot | Affirmed |
| Brooks v. Longcor | 2025, Camden | Car rear-ended a tractor-trailer parked on the shoulder | Affirmed |
| Memudu v. Gonzalez | 2023, Middlesex | Owner killed at his disabled car in a second crash | Affirmed; the claims go ahead |
| Buddy v. Knapp | 2021, Atlantic | Two left-turn crashes with motorcycles | Affirmed |
| Vizzoni v. B.M.D. | 2019, Somerset | Vehicle struck a pedestrian | Affirmed |
| Estate of Narleski v. Gomes | 2019, Middlesex | Single-vehicle rollover | Affirmed (third-party claim dismissed) |
| Dutton v. Rando | 2019, Atlantic | SUV struck a bicyclist | Affirmed |
In Dutton an SUV struck a cyclist. The jury gave his estate $500,000 for wrongful death and $108,000 for survivorship. Comparative fault cut the total to $364,800, and the Appellate Division affirmed.
Dutton, Vizzoni and Jameel sit with other rulings on pedestrian and cyclist appeals in NJ. For what verdicts like these mean for an offer, see whether $50,000 is a good NJ settlement, and every case is in the New Jersey crash appeals index.4
What if the driver who caused the death had no insurance?
The family's own UM/UIM coverage may pay, and owning an uninsured car does not always bar the claims of the person who died.
In the 2023 Memudu case the owner was killed retrieving a phone from his disabled car in a second crash. The court held that the bar for uninsured owners applies only to injury while operating that car. So the wrongful death and survivor claims went ahead.
The claim steps are on uninsured motorist claims in New Jersey, and related rulings are in our UM and UIM appeals decisions.5
What should a family do first after a fatal crash?
Check the policy, claim PIP in writing, get the basic crash report and sign nothing from the other driver's insurer.
- Check the declarations page and Coverage Selection Form for the Extra PIP Package, the funeral limit and UM/UIM.
- Send the PIP insurer a written claim for the death and funeral benefits, and ask which documents it needs.
- Request the basic NJTR-1 report, which is public. The fatal crash investigation file is not public and needs a subpoena or court order, so leave it to the lawyer.
- Use the NJ Turnpike Authority OPRA form for a fatal Turnpike or Parkway report. Fees for every route are on how to get a New Jersey crash report.
- Sign no release from the other driver's insurer before a lawyer reads it.
For bills, records and a survivor who was hurt, see families after a serious NJ crash and the medical records guide, or start from the New Jersey accident help hub.6
How many people die in New Jersey car crashes each year?
606 people died in 2023 and 688 in 2024, with 589 more in preliminary 2025 counts.
See the full table
| Year | Fatal crashes | People killed | Status |
|---|---|---|---|
| 2023 | 574 | 606 | Complete |
| 2024 | 651 | 688 | Complete |
| 2025 | 554 | 589 | Preliminary |
Fixed-object crashes matter for claims: with no other driver, PIP is often the only payer. Pedestrian deaths are counted on pedestrian crashes in New Jersey.7
Questions families ask
Who pays for the funeral after a fatal crash in NJ?
The PIP funeral expense benefit on the policy that covered the person who died, up to the limit chosen, if the Extra PIP Package was bought. Costs above that limit can be part of a claim against an at-fault driver.
Can you sue the state of New Jersey after a fatal crash?
Yes, but a claim against the state, a town, NJ Transit or a toll road authority generally needs a written notice of claim within 90 days under the Tort Claims Act. The Supreme Court restated that rule in O'Donnell (2019).
How much do lawyers take from a settlement in NJ?
At most 33 1/3 percent of the first $750,000 recovered, with lower caps on larger amounts, under Court Rule 1:21-7. The rule requires a signed fee agreement. More on how much NJ lawyers can take.8
A 30-second questionnaire collects the basic facts of the crash, and a sponsoring lawyer's office may call to review the family's claim for free.
Start the New Jersey accident quiz
Advertisement. Opens the New Jersey questionnaire. Review its policies and contact consent before submitting your details. No legal advice or guarantee of acceptance or compensation.
Sources
- DOBI, New Jersey Auto Insurance Buyer's Guide 2026, pp. 2, 3, 7 and the Policy Options Chart (p. 12); DOBI Everything You Wanted to Know About Auto Insurance (2026), same death and funeral wording; DOBI Basic Policy page for SAIP.
- N.J.S.A. 39:6A-8(a), via Justia 2025 edition and DOBI Standard Policy page; N.J.S.A. 2A:15-5.1, via Justia 2025 edition and DOBI Comparative Negligence FAQ.
- N.J.S.A. 2A:31-1 and following sections (Wrongful Death Act, timing not verified); O'Donnell v. N.J. Turnpike Auth., 236 N.J. 335 (2019), quoting N.J.S.A. 59:8-8; Aponte-Correa v. Allstate Ins. Co. (App. Div. 1999), quoting N.J.S.A. 39:6A-13.1(a).
- Appellate Division opinions, including Dutton v. Rando, A-1049-16 (App. Div. 2019), Memudu v. Gonzalez, A-0110-22 (App. Div. 2023) and Brooks v. Longcor, A-3405-22 (App. Div. 2025).
- Memudu v. Gonzalez, A-0110-22 (App. Div. 2023), applying N.J.S.A. 39:6A-4.5(a); DOBI Buyer's Guide 2026, p. 3 (UM/UIM).
- NJ State Police and NJ Turnpike Authority crash report portal; DOBI Buyer's Guide 2026 (Coverage Selection Form, Extra PIP Package).
- NJDOT crash records (2023 table archive; 2024 and 2025 from the NJDOT Crash Data Portal), fatal crashes supplemented from the NJ State Police fatal crash feed, as normalized by the open-source nj-crashes project.
- NJ Court Rule 1:21-7, Rule 1:21 PDF (official text); current rules index at njcourts.gov; O'Donnell v. N.J. Turnpike Auth., 236 N.J. 335 (2019).
How we counted
- Deaths and fatal crashes: NJDOT police crash records for 2023 to 2025, with fatal crashes added from the State Police fatal feed. 2025 is preliminary.
- Timing, computed by us from the 2023 and 2024 records: 621 of 1,225 fatal crashes were in the dark, 577 fell Friday to Sunday and 459 between 5 pm and 11 pm.
- Counts, not rates; they say nothing about fault or claim value.
- Appeals: 76 New Jersey Appellate Division car opinions coded by us; every civil case involving a death is listed.
- General information, not legal advice. Injuries Cases Autos is not a law firm.