When a loved one dies due to another person’s negligence or misconduct, the emotional and financial toll can be devastating. In New Jersey, the law provides two primary avenues for families seeking justice and compensation: wrongful death actions and survival actions. Although these claims often arise from the same tragic event, they serve different purposes and compensate for different types of losses. Understanding the distinction between the two is essential for families pursuing legal remedies after a preventable death.
What Is a Wrongful Death Action?
A wrongful death action is filed on behalf of the deceased person’s surviving family members — such as a spouse, children, or dependents — to recover financial losses resulting from the death. It is based on the principle that, if the victim had lived, they would have had the right to bring a personal injury claim. Since they cannot, the law allows close relatives to recover damages caused by the loss of their loved one’s financial and emotional support.
Under the New Jersey Wrongful Death Act (N.J.S.A. 2A:31-1), families can recover compensation for economic losses such as lost income, benefits, household services, and funeral expenses. Non-economic damages, such as emotional grief or pain and suffering, are generally not recoverable in wrongful death actions in New Jersey. Instead, the focus is on the tangible financial impact the death has on surviving dependents.
For example, if a family’s primary breadwinner is killed in a car accident caused by a negligent driver, the surviving spouse and children can pursue a wrongful death claim to recover the income that the deceased would have provided over their lifetime. The goal is to replace the economic contributions that were lost due to the wrongful act.
What Is a Survival Action?
A survival action, by contrast, focuses on the losses suffered by the deceased person before death. It is brought on behalf of the decedent’s estate, not the surviving family members directly. This claim allows recovery for the pain, suffering, and expenses the person endured from the time of injury until their passing.
Under N.J.S.A. 2A:15-3, survival actions are treated as if the deceased had survived long enough to file their own personal injury lawsuit. Typical damages include medical bills, lost wages, and compensation for physical pain, emotional distress, and mental anguish experienced before death. The funds recovered become part of the deceased’s estate and are distributed according to their will or, if none exists, under New Jersey’s intestacy laws.
For instance, if someone was injured in a workplace accident and survived for several days before succumbing to their injuries, a survival action could recover compensation for their suffering and medical treatment costs during that time.
Key Differences Between the Two Claims
While both wrongful death and survival actions arise from the same negligent act, they differ in several crucial ways:
Who the Claim Benefits:
- Wrongful death benefits the surviving family members.
- Survival actions benefit the deceased’s estate.
Type of Damages:
- Wrongful death covers financial losses to dependents (e.g., lost income, funeral costs).
- Survival actions cover the deceased’s personal suffering and expenses before death.
Distribution of Compensation:
- Wrongful death damages go directly to family members who were financially dependent on the deceased.
- Survival action damages are distributed through the estate, according to the will or intestate laws.
Statute of Limitations:
- Both types of claims typically must be filed within two years of the date of death in New Jersey, but legal advice is essential because certain exceptions or specific case circumstances may alter the timeline.
When Both Claims Apply
In many cases, families pursue both a wrongful death and a survival action simultaneously. For example, if a victim was injured in a car accident, endured medical treatment and pain for weeks, and later passed away, the estate could file a survival action for the suffering and expenses before death, while the family could pursue a wrongful death claim for the financial support they lost after death.
Together, these claims provide a comprehensive way to seek justice for both the victim and the surviving family.
Conclusion
The difference between wrongful death and survival actions in New Jersey lies in who is compensated and what damages are covered. Wrongful death claims focus on the financial harm to surviving loved ones, while survival actions address the personal suffering endured by the deceased before death. Both are vital tools in ensuring accountability and financial recovery after a tragedy caused by negligence. Families navigating these complex claims should consult an experienced New Jersey wrongful death attorney who can guide them through the process, safeguard their rights, and help secure the justice their loved one deserves.