When a loved one is killed by someone else’s negligence, New Jersey law actually provides two separate claims, not one. They sound similar and are usually brought together, but they compensate completely different losses and belong, in a sense, to different people. Understanding the distinction between a wrongful death claim and a survival action is essential to recovering everything the family is owed.
The wrongful death claim: the survivors’ losses
The Wrongful Death Act, N.J.S.A. 2A:31-1, compensates the surviving family members for what they lost when their loved one died. The focus is on the survivors’ losses going forward, which in New Jersey are primarily economic (pecuniary):
- The financial support the deceased would have provided.
- The value of services, guidance, and counsel the deceased would have given (a parent to a child, for example).
- Lost benefits and contributions to the household.
The recovery from a wrongful death claim is distributed to the survivors who were dependent on, or would have received support from, the person who died.
The survival action: the victim’s own claim
The Survival Act, N.J.S.A. 2A:15-3, allows the estate to bring the claim the deceased person would have had if they’d lived. It compensates what the victim themselves suffered between the injury and death, which can include:
- Conscious pain and suffering the person endured before passing.
- Medical expenses incurred before death.
- Lost wages for the period between injury and death.
In effect, it preserves the personal-injury claim the victim could have brought, and channels it through their estate.
Why both claims matter
Because the two claims cover different losses, leaving one out can dramatically undercompensate a family. A case built only on wrongful death ignores what the victim suffered; a case built only on the survival action ignores the survivors’ future. The strongest cases pursue both together, and the way damages are proven differs for each. These claims commonly arise from fatal crashes, truck accidents, medical malpractice, nursing home neglect, and drownings.
Who brings the claims, and when
Both claims are typically brought by the personal representative (executor or administrator) of the estate. New Jersey generally applies a two-year deadline measured from the date of death for the wrongful death claim, and the much shorter 90-day notice applies if a public entity is involved under the Tort Claims Act. Our broader overview of a New Jersey wrongful death claim walks through the process in more depth.
Lost a loved one to someone else’s negligence?
These are the hardest cases a family ever faces, and getting full recovery means pursuing both the wrongful death claim and the survival action correctly. We handle them with care and make sure nothing the family is owed is left out. The consultation is free and confidential.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Personal Injury Guide.