Difference Between Wrongful Death And Survivorship Claims.
There are two separate types of claims arising out of a death caused by a wrongful act, a wrongful death claim, governed by the Wrongful Death Act, N.J.S.A. 2A:31-1 et seq. and a survivorship claim, governed by the Survivor’s Act, N.J.S.A. 2A:15-3. Basically, a claim under the Wrongful Death Act is brought by the heirs of the deceased and is for financial losses the heirs have suffered and will suffer in the future as a result of the death. A claim under the Survivor’s Act, on the other hand, addresses the claims arising out of the accident that the deceased person could have made if still living. If the decedent would have been able to bring a personal injury claim as a result of the accident but died as a result of the injuries, the claim can be brought under the Survivor’s Act by the administrator of the estate who basically steps into the shoes of the deceased.
In many cases, the accident will be the basis for claims under both the Wrongful Death Act and the Survivor’s Act.
What Are The Damages That The Survivors Are Entitled To
In Wrongful Death Cases?
In a wrongful death case, the survivors are entitled to recover damages for money the decedent would have earned and contributed for the benefit of the survivors as well as the reasonable value of the services, assistance, care, training, guidance, advice, counsel and companionship the survivors would have received had the decedent lived. Services can include such things as household chores and maintenance, financial advice and child care.
What Is The Statute Of Limitations For Filing A Wrongful Death Claim?
In New Jersey, the statute of limitations for filing a lawsuit under either the Wrongful Death Act or The Survivor’s Act is two years, the same as for personal injury lawsuits.
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