The passing of a loved one is often a traumatic and painful experience. When the death was caused by someone else’s negligent or wrongful actions, you may also be seeking accountability and justice while you grieve.
A Bloomfield survival actions lawyer can help surviving heirs and personal representatives pursue compensation for damages the decedent would have otherwise had the right to recover. If you are the administrator or heir of a person’s estate whose death resulted from another party’s misconduct, our wrongful death attorneys at Fredson Statmore Bitterman, LLC can guide you through the process.
How Does a Survival Action Differ From a Wrongful Death Claim?
A survival action is a specific claim for the damages that accrued between the incident that caused a person’s injury or death and the date of their passing. This differs from a wrongful death action, which compensates surviving family members for the losses they suffer from their loved one’s death. Under New Jersey Statutes Annotated § 2A:15‑3, a lawyer can pursue a claim on behalf of the executor or administrator of the decedent’s estate.
In most cases, both a survival action and a wrongful death action will apply when a person dies because of another party’s negligence. Our Bloomfield lawyers have experience handling survival action cases resulting from the following types of incidents:
- Car accidents
- Truck accidents
- Uber, Lyft, or other rideshare accidents
- Slip and fall or other premises liability accidents
- Product liability injuries from using defective goods
- Medical malpractice
- Nursing home abuse
We can review the circumstances of your loved one’s death to identify parties with potential fault and liability for damages.
What Damages Can You Claim in a Survival Action?
You can seek compensation for several types of damages in a survival action. Our survival actions attorneys in Bloomfield can help you pursue compensation for all losses the decedent suffered between the incident and their passing, including:
- Medical care costs
- Living assistance and other supportive care costs
- Lost income or wages
- Pain and suffering
- Lost quality and enjoyment of life
- Negative impacts on relationships
- Reasonable funeral and burial expenses
The specific circumstances of the person’s injuries and their impact typically affect the amount of compensation available in a survival action case. Other factors, such as the amount of time between the accident and their passing, the severity of the injuries, and the person’s occupation, can also influence the extent of damages.
The Deadline To File a Survival Action
New Jersey applies a two-year statute of limitations to survival actions, which generally begins on the date of the decedent’s death. Consulting a Bloomfield lawyer soon after a loved one’s passing can help you determine potential filing deadlines and begin the process of pursuing a survival action. Acting quickly is critical, as missing the deadline can prevent you from recovering compensation from a party that is otherwise liable for your loved one’s death.
Contact a Bloomfield Attorney To Learn More About Survival Actions
When a loved one passes away unexpectedly, the following days and months can be incredibly difficult for you and your family. Our Bloomfield survival action lawyers can help you hold responsible parties accountable and recover the compensation you need to move forward. Contact our firm today to schedule a free case consultation.
