Perth Amboy Survival Actions Lawyer

Losing someone you love because of another party’s negligence can be a devastating experience, and the aftermath often leaves families searching for answers. In these cases, the law allows the estate to pursue the claim the individual could have brought had they survived. A Perth Amboy survival actions lawyer could help you understand this process and seek justice for your loved one’s passing.

Our compassionate wrongful death attorneys at Voto & Cavalli could guide you through each step and provide support during this difficult time. While nothing can change what happened, you can still take action to hold the responsible party accountable.

How Survival Actions Differ From Wrongful Death Claims

When someone loses their life in an accident caused by someone else’s carelessness, the law provides two distinct remedies: a wrongful death claim and a survival action. Although they are often discussed together, these claims serve different purposes and operate as separate legal avenues.

The goal of a wrongful death claim is to compensate the deceased person’s family for the losses they suffered because of the incident. These damages are typically tied to the decedent’s life and the impact their passing has on their family. For example, a wrongful death claim may seek compensation for lost financial support if the family relied on the individual for housing payments and everyday expenses. The claim may also account for the loss of emotional support, especially for children who have lost a parent.

A survival action focuses on what the deceased could have recovered in a lawsuit had they lived. If the individual was injured in a catastrophic accident and hospitalized for several weeks before passing away, the claim may seek compensation for their medical care and pain and suffering during that period. Unlike a wrongful death claim, a survival action may also include compensation for property damages when applicable.

Courts in Perth Amboy may allow both a wrongful death and a survival action claim to be filed in the same case. Consulting a lawyer could help protect the family’s interests and preserve the deceased individual’s right to pursue a personal injury claim.

Who Can File a Survival Action?

In New Jersey, only the representative of the decedent’s estate may file a survival action. This representative is typically the person named as the executor in the will. If no will exists, the probate court appoints an administrator to oversee the estate.

Another key difference between wrongful death and survival claims is who benefits from a successful case. A wrongful death claim is for the exclusive benefit of the decedent’s immediate family, such as the spouse or children. In contrast, compensation recovered from a survival action becomes part of the estate and is distributed according to the will or under the state’s intestacy laws.

Because a survival action must be filed within two years of the person’s death, it is critical to seek guidance from a Perth Amboy attorney as soon as possible.

Contact a Perth Amboy Attorney To Discuss Survival Actions

After the stress of losing a loved one, you should not have to navigate complex legal procedures on your own. A Perth Amboy survival actions lawyer could manage the legal process and deadlines on your behalf while you care for your family.

Our experienced team could help you pursue the claim your loved one could have brought before their passing. Call Voto & Cavalli to schedule a free consultation and discuss your situation.