Bill Text: NJ A3568 | 2016-2017 | Regular Session | Introduced
Bill Title: Provides that actions brought under the "Survivor's Act" must commence within two years of the act, omission, neglect, or occurrence that is the basis for the action.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-04-04 - Introduced, Referred to Assembly Judiciary Committee [A3568 Detail]
Download: New_Jersey-2016-A3568-Introduced.html
Sponsored by:
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
SYNOPSIS
Provides that actions brought under the "Survivor's Act" must commence within two years of the act, omission, neglect, or occurrence that is the basis for the action.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain civil actions and amending N.J.S.2A:15-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2A:15-3 is amended to read as follows:
2A:15-3. Executors and administrators 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 or administrator may recover all reasonable funeral and burial expenses in addition to damages accrued during the lifetime of the deceased.
Every action brought under this chapter shall be commenced within two years after the [death of the decedent] date of the act, omission, neglect, or occurrence that is the basis for the action, and not thereafter, provided, however, that if the act, omission, neglect, or occurrence resulting in death [resulted from] constituted 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.
(cf: P.L.2009, c.266)
2. This act shall take effect immediately and shall apply to actions brought on and after the effective date.
STATEMENT
This bill would set the statute of limitations for certain lawsuits brought under the "Survivor's Act" at two years after the date of the act, omission, neglect, or occurrence that is the basis for the action.
Under the "Survivor's Act," set out in N.J.S.2A:15-3, a civil action may be brought against a person who caused injury to another. The action is brought by the executor or administrator of the decedent's estate, and any award of damages is distributed to the decedent's heirs. P.L.2009, c.266 provides that such an action must be commenced within two years after the death of the decedent except for actions where the death resulted from murder, aggravated manslaughter, or manslaughter, in which case the action may be brought at any time.
Under the bill (except for cases where the act, omission, neglect, or occurrence resulting in death constituted murder, aggravated manslaughter, or manslaughter), a civil action under the "Survivor's Act" must be brought within two years after the date of the act, omission, neglect, or occurrence that is the basis for the action.
