When a person suffers an untimely death due to someone else's negligence or deliberate act, New Jersey law offers two distinct legal remedies: wrongful death claims and survival actions. While both aim to make the responsible parties pay damages for the death, the remedies differ significantly in a number of ways, including who may pursue them.

Wrongful death claims allow surviving family members — spouses, children, or parents — to recover financial compensation for the specific monetary losses they suffer as a result of the death. This can include medical bills incurred before the death, funeral and burial costs and projected future earnings the decedent would have contributed to supporting the family had the death not occurred. Additionally, the family can recover compensation for the loss of emotional support, guidance, and essential services, especially for minor children who have lost a parent. Importantly, these awards are paid directly to the beneficiaries designated in the lawsuit and are protected from creditors.

A survival action, on the other hand, is brought by the decedent's estate representative, namely the executor or administrator. It seeks compensation for losses that the decedent suffered before their death, for which the decedent could have sued had he or she survived. This can include pain and suffering endured due to the incident that caused death; medical expenses incurred for their treatment; and lost wages for the period of time between the injury and the death. These damages can be substantial if the injured person lingered for days, weeks or longer from the date of the accident until death.

Unlike wrongful death awards, which go directly to the designated beneficiaries, the damages from a survival action become part of the decedent’s estate. This means they can be used to pay off any outstanding debts the decedent had, with any remaining amount then distributed according to the terms of the decedent’s will or under New Jersey's intestacy laws if there is no will. As a result, these awards can be subject to collection by the decedent's creditors.

Wrongful death and survival actions are often brought in conjunction. The same defendants are involved and the estate beneficiaries are often the family members who benefit from the wrongful death claim. A New Jersey workers’ compensation attorney experienced in both types of claims can ensure that the proper causes of action are pursued, with a view to obtaining maximum damages for the tragic loss.

Brown, Novick & McKinley Attorneys at Law in Woodbury provides New Jersey residents with strong representation in wrongful death and survival actions. To schedule a free consultation with one of our highly qualified lawyers, call 866-942-4909 or contact us online.