Wrongful Death vs. Survival Action: What’s the Difference

By Doug Standriff on September 10, 2025

When discussing wrongful death vs. survival action, many families are unaware that these two claims serve distinct legal purposes after a tragic loss. Both are civil actions that seek justice and compensation. However, they focus on different aspects of the harm caused by someone’s negligence or misconduct.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person’s death is caused by another party’s negligent or intentional act. This legal action seeks to compensate surviving family members for the losses they suffered due to their loved one’s passing. These damages may include the loss of financial support, companionship, guidance, and emotional comfort that the deceased would have continued to offer.

In New Jersey, only specific individuals can bring a wrongful death lawsuit, typically the spouse, children, or parents of the deceased. The claim focuses on the family’s losses, not the deceased’s suffering prior to death. For example, if a person dies in a fatal car accident, the family can pursue compensation for future income that would have supported them, as well as funeral and burial expenses.

When families ask, Should I get a lawyer for a minor car accident, the same principle applies in a broader sense for wrongful death claims. Legal guidance can help them understand what compensation they’re entitled to and how to pursue it effectively.

What Is a Survival Action?

A survival action, on the other hand, centers on the losses that the deceased experienced between the time of the accident and their death. It “survives” the individual’s death. This means it’s a continuation of the personal injury claim that the deceased could have filed had they lived.

The compensation from a survival action typically covers:

Medical expenses incurred before death
Pain and suffering the deceased endured
Lost wages from the time of injury until death

The key difference between wrongful death vs. survival action lies in who benefits. A wrongful death claim supports surviving family members, while a survival action compensates the estate for the deceased’s personal losses. The awarded damages become part of the estate and are distributed according to the will or state inheritance laws.

Who Can File Each Type of Claim?

In most cases, the personal representative or executor of the estate files both claims. This representative acts for the family and the estate to ensure all eligible claims are properly pursued.

For wrongful death, the beneficiaries – typically immediate family – receive the compensation. For survival actions, the estate receives the damages, which are later distributed under inheritance rules. Working with a lawyer experienced in wrongful death vs. survival action helps families handle both claims efficiently without missing compensation opportunities.

How Compensation Differs Between the Two

Wrongful Death Claim Compensation

Loss of financial support
Loss of companionship, love, and guidance
Funeral and burial expenses
Lost household services

Survival Action Compensation

Medical bills from the injury to the time of death
Lost wages between injury and death
Pain and suffering of the deceased

For example, imagine a victim who survives a car crash for several days before passing away. The family may file a wrongful death claim for their emotional and financial losses. Meanwhile, the estate can bring a survival action for the victim’s hospital bills, lost earnings, and suffering prior to death.

Statute of Limitations and Legal Considerations

Both wrongful death and survival action claims must be filed within specific time limits. In New Jersey, the statute of limitations is typically two years from the date of death. Missing this deadline can bar families from recovering any compensation. Additionally, certain complexities can arise if multiple defendants are involved or if the cause of death is disputed.

The Role of Experienced Attorneys in Wrongful Death and Survival Claims

Navigating wrongful death vs. survival action cases requires extensive knowledge of both personal injury and estate law. An attorney must carefully identify all available claims and determine how to maximize compensation for both the family and the estate.

A professional wrongful death lawyer in Bergen County can help families by:

Investigating the cause of death and identifying liable parties
Calculating both economic and non-economic damages
Filing all necessary paperwork within legal deadlines
Representing the family’s interests in negotiations or court proceedings

Why Both Actions May Be Filed Together

It’s common for wrongful death and survival actions to be filed together in a single lawsuit. Doing so allows the court to address all related damages in one proceeding. This approach makes sure the family and estate are fully compensated without conflicting outcomes.

For instance, if a driver’s negligence caused a fatal car accident, both actions could be pursued, one to recover for the victim’s pain and suffering before death and another for the family’s long-term financial losses.

How Bergen Law Supports Families After a Tragic Loss

Understanding wrongful death vs. survival action helps families know their rights and options after losing a loved one due to negligence. While wrongful death claims focus on the family’s loss, survival actions seek justice for the deceased’s own suffering and damages.

At Bergen Law, we have over 30 years of experience representing families in personal injury and wrongful death cases. Our trial-tested attorneys, certified as civil trial lawyers, bring compassion and determination to every case we handle. We’re here to help you seek justice and the compensation your family deserves.