Wrongful Death vs. Survival Action in New Jersey: Understanding Both Claims

When a family loses a loved one because of someone else’s negligence, two types of legal claims arise: a wrongful death action and a survival action. The primary difference between a wrongful death and a survival action in New Jersey lies in who receives the compensation and what losses the compensation covers.

A wrongful death claim compensates surviving family members for their losses, while a survival action compensates the deceased’s estate for the harm the person personally suffered before their death.

Key Takeaways for Wrongful Death vs Survival Action in New Jersey

A wrongful death claim focuses on replacing the financial support and services the deceased would have provided to their family.
A survival action seeks compensation for the conscious pain and suffering the deceased person personally endured before their death.
New Jersey law specifies which family members, or heirs-at-law, can receive compensation from a wrongful death lawsuit.
Compensation from a survival action goes directly to the deceased’s estate and beneficiaries named in a will.
Often, an attorney pursues both a wrongful death and a survival action at the same time in a single lawsuit.

Understanding the New Jersey Wrongful Death Act

The New Jersey Wrongful Death Act establishes a legal claim when a person’s death results from the wrongful act, neglect, or default of another. This claim belongs to the decedent’s surviving dependents who relied on the deceased for financial or domestic support.

It provides a way for families to seek financial stability after an unexpected loss.

The Purpose of a Wrongful Death Claim

A wrongful death claim in New Jersey centers on the financial harm inflicted upon the surviving family members. The court measures this harm by considering the financial support and services the deceased would have provided throughout their lifetime.

The claim seeks to compensate for the monetary value of the lost support, addressing the economic realities that a family faces after the passing of a key family member. The goal is to help dependents maintain their standard of living and cope with the financial disruptions caused by the death.

It acknowledges that the loss extends beyond emotions and has tangible economic consequences. This type of legal action provides a mechanism to address those specific financial gaps.

The Beneficiaries

New Jersey’s law specifically outlines who can receive damages from a wrongful death claim. These individuals are determined by the state’s intestacy statutes, which govern inheritance when there is no will. This structure helps direct compensation to those most affected by the loss.

Commonly, the people who benefit include:

Spouse and Children: The surviving spouse and children of the deceased are the primary beneficiaries.
Parents: If the deceased has no spouse or children, their parents may recover damages, especially if they were financially dependent on the deceased.
Other Relatives: If no spouse, children, or parents survive, other relatives like siblings or nieces and nephews who can demonstrate financial dependency might qualify.

Types of Recoverable Damages

Wrongful death damages are strictly economic and calculated based on the family’s financial losses, and many factors influence the award. The compensation aims to reflect the monetary value the deceased contributed to the family unit.

Examples of these damages include:

Lost Financial Support: The claim may cover the income the deceased would have earned and used to support the family over their lifetime.
Loss of Services: Your family may pursue payment for the value of household services the deceased provided, such as childcare, home maintenance, or financial management.
Funeral Expenses: Your claim may recover costs related to the burial if the surviving family members paid for it.
Loss of Guidance and Companionship: While emotional loss itself isn’t compensable, the value of lost guidance and counsel from a parent or spouse can be quantified and recovered.

Exploring the New Jersey Survival Action

In New Jersey, a survival action operates under a different legal principle, allowing the deceased person’s estate to continue a personal injury claim that the decedent would have been able to file had they lived.

Comparing a wrongful death claim with a survival action in New Jersey highlights this key distinction: the claim belongs to the deceased, not the family.

The claim addresses the damages the individual personally incurred from the moment of the injury until the moment of their death. The executor or administrator of the estate files this lawsuit on behalf of the deceased.

The Estate’s Cause of Action

In a survival action, the estate essentially steps into the shoes of the deceased. It sues the negligent party to recover for the harm the person endured; any funds recovered from a survival action become an asset of the estate.

The estate then distributes these funds according to the deceased person’s will. If no will exists, the assets pass to heirs according to New Jersey’s intestacy laws. This process is separate from the distribution of wrongful death benefits.

Focus on the Decedent’s Pre-Death Suffering

Unlike a wrongful death claim that focuses on the family’s future financial losses, a survival action looks backward. It concentrates on the conscious pain, suffering, and financial losses the deceased experienced between their injury and passing.

The duration of this period can greatly influence the value of the claim. For example, if a person suffered for several weeks or months in a hospital before their death, the survival action addresses that period of suffering.

It also covers any medical expenses the person incurred and any wages they lost during that time. These are losses that belonged to the individual before they died.

A survival action seeks to hold the responsible party accountable for the direct harm inflicted upon the person who ultimately died from their injuries.

A Direct Comparison: Wrongful Death vs Survival Action in New Jersey

Distinguishing between these two actions clears up confusion for many families in Bergen County and across New Jersey. While both claims originate from the same tragic event, their legal foundations and goals differ significantly.

Each action is distinct, addressing different harms for different beneficiaries.

	Wrongful Death	Survival Action
Primary Goal	To compensate surviving family members for their future financial losses caused by their loved one’s death.	To compensate the deceased’s estate for the suffering and financial losses the person personally endured before their death.
Beneficiaries	Financially dependent family members (“heirs-at-law”) receive the compensation directly.	The deceased person’s estate receives the compensation, which is then distributed to the beneficiaries named in the will or, in the absence of a will, according to state law.
Recoverable Damages	This claim covers the economic value of the family’s loss, including:Lost income and supportValue of lost household servicesLoss of guidanceFuneral expenses paid by the family	This claim covers the harm the decedent personally suffered, including:Conscious pain and sufferingMedical expenses they incurredLost wages from the time of injury until death

Critical Timelines for Filing a Claim in New Jersey

New Jersey law sets strict deadlines, known as statutes of limitations, for filing lawsuits. If a family fails to file a claim within this time frame, they’ll permanently lose the right to pursue compensation. These deadlines are one of the most important reasons to speak with a legal professional promptly.

The statute of limitations for both wrongful death and survival actions in New Jersey is generally two years from the date of the person’s death. While this seems like a long time, building a strong case takes considerable effort.

Gathering evidence, identifying responsible parties, and calculating damages requires a thorough investigation. Waiting to act can jeopardize the strength of your claim.

How a Lawyer Helps You File a Wrongful Death Claim and a Survival Action

Navigating the complexities of a wrongful death claim and a survival action in New Jersey requires a detailed legal strategy. A dedicated attorney provides the guidance and advocacy your family needs during a difficult time.

An experienced lawyer assists your family in many specific ways, including:

Establishing an Estate: A lawyer can guide you through the process of appointing an executor or administrator for the decedent’s estate, a necessary first step for filing a survival action.
Investigating the Incident: Your legal team gathers all evidence, including police reports, witness statements, and expert opinions, to build a compelling case.
Calculating Full Damages: Your attorney may work with economic experts to calculate the full extent of financial losses for the wrongful death claim and to value the pain and suffering for the survival action.
Handling All Legal Filings: Your lawyer files all court documents correctly and within the strict deadlines set by the New Jersey statute of limitations.
Communicating With Insurance Companies: Your attorney manages all negotiations and communications with insurance adjusters to protect your family from low settlement offers.
Litigating the Case: If a fair settlement cannot be reached, your wrongful death lawyer prepares the case for court and advocates for your family before a judge and jury.

FAQ for Wrongful Death vs Survival Action in New Jersey

What Is the Main Difference in a Wrongful Death vs Survival Action in New Jersey?

The main difference centers on whose losses the claim compensates. A wrongful death action compensates the surviving family members for their financial losses due to the death.

A survival action compensates the deceased’s estate for the pain, suffering, and financial losses the deceased personally endured before their death.

Who Can File a Wrongful Death Lawsuit in New Jersey?

For a wrongful death claim, the administrator of the deceased’s estate files the lawsuit on behalf of the surviving dependents. For a survival action, the administrator or executor of the estate also files the lawsuit, but this time on behalf of the deceased person to recover for their own losses.

While one person files, the beneficiaries of each claim differ.

Can Our Family Recover Compensation for Our Loved One’s Pain and Suffering?

Your family can secure compensation for your family member’s pain and suffering, but only through a survival action. New Jersey allows the estate to recover damages for the conscious pain and suffering the decedent experienced from the time of their injury until their death.

Wrongful death damages, in contrast, do not include compensation for the grief or emotional suffering of the family members.

Are a Wrongful Death Lawsuit and a Survival Action Filed Separately?

No, the attorneys at Maggiano, DiGirolamo & Lizzi, P.C. can combine both claims into a single lawsuit and help you maximize your compensation. This approach is more efficient and allows a court to address all the damages resulting from the defendant’s negligence in one proceeding.

The jury then designates which portion of the award is for wrongful death and which is for the survival action.

How Are Settlement Proceeds Distributed?

The distribution method depends on the type of claim. A wrongful death settlement is paid directly to the financially dependent heirs-at-law. A survival action settlement is paid to the estate and distributed according to the decedent’s will or, if there is no will, to heirs as determined by state law.

Protecting the Future They Built for You

After the loss of a family member, the legal details are the last thing you need to manage. Pursuing a wrongful death or survival action is a practical measure to ensure that your family is cared for in the way your loved one intended.

The team at Maggiano, DiGirolamo & Lizzi, P.C., handles these sensitive matters with the dignity and determination they require. We can hold the responsible party accountable and secure the resources your family needs to face the future.