Personal Injury Lawsuits vs Wrongful Death in New Jersey

If you or someone you love has been catastrophically injured because of another party’s negligence, New Jersey law provides a path for you to seek justice and financial compensation through a personal injury claim. But when those injuries result in death, the legal process changes significantly, shifting from a personal injury matter to a wrongful death lawsuit. 

While both types of cases are rooted in negligence or wrongdoing, the laws that govern them in New Jersey differ in important ways. If you’ve lost a loved one in a tragic accident, understanding these differences can help you make informed decisions about your next steps. 

The Difference is Who Brings the Claim

Personal injury claims are filed by the injured person (the plaintiff) against the person or entity responsible for their injury. The goal is to recover compensation for medical expenses, lost wages, pain and suffering, and other losses the injured person has personally suffered. 

Wrongful death lawsuits must be filed when the injured person has died as a result of the accident or injury. In New Jersey, the claim must be brought by the personal representative (often named in the deceased’s will) on behalf of the deceased’s surviving family members. 

This is an important legal distinction. In wrongful death cases, the damages are for the benefit of the survivors, not for the injury victim themselves. 

Personal Injury and Wrongful Death Laws in New Jersey 

In New Jersey, wrongful death claims are governed primarily by the New Jersey Wrongful Death Act (N.J.S.A. 2A:31-1 through 2A:31-6) and the Survivorship Statute (N.J.S.A. 2A:15-3). The Wrongful Death Act allows the estate to recover damages for the financial losses suffered by surviving family members due to the death. The Survivorship Statute allows recovery for the damages the deceased person could have claimed had they lived — such as conscious pain and suffering, medical bills, and lost wages up to the date of death. 

A personal injury claim is different because it is brought under New Jersey’s general tort law and does not require the involvement of a decedent’s estate. 

Who Can Be Held Liable in Each Case 

In both personal injury and wrongful death cases, liability can fall on any party whose negligence or wrongful conduct caused the injury or death. This can include: 

• Negligent drivers in motor vehicle accidents 
• Property owners in premises liability cases 
• Manufacturers of defective products or medical devices 
• Employers in workplace accident cases 
• Healthcare providers in medical malpractice cases 

The difference is that in wrongful death cases, the consequences of liability extend to the survivors, and the damages focus on their financial and emotional losses rather than the injured person’s future quality of life. 

What About the Burden of Proof?

In both types of cases, the burden of proof is generally the same. The plaintiff must show that: 

• The defendant owed a duty of care to the injured or deceased person. 
• The defendant breached that duty through negligence or wrongful conduct. 
• That breach directly caused the injury or death. 
• Damages resulted from the injury or death. 

However, wrongful death cases can require additional evidence to prove the extent of the survivors’ losses. This includes financial dependency, loss of services, and loss of companionship. 

Damages and Payouts: What’s Recoverable 

Personal injury claims in New Jersey may include: 

• Past and future medical expenses 
• Lost wages and loss of future earning capacity 
• Pain and suffering 
• Emotional distress  
• Loss of enjoyment of life 

Wrongful death lawsuits in New Jersey may include: 

• Loss of the deceased’s expected financial contributions 
• Loss of services, guidance, and care the deceased would have provided 
• Funeral and burial expenses 
• Loss of companionship (for certain family members) 

New Jersey’s Wrongful Death Act does not allow for recovery of damages for the survivors’ grief or emotional distress under the wrongful death portion of the claim, but emotional distress damages may be available in a separate survivorship or negligent infliction of emotional distress claim. 

Who Can Recover in a Wrongful Death Case 

Under New Jersey law, damages from a wrongful death lawsuit are distributed to certain family members in order of priority: 

• The surviving spouse and children (including adopted children) 
• If no spouse or children, then the surviving parents 
• If no parents, then surviving siblings, nieces, or nephews who were dependent on the deceased 
• This is different from personal injury cases, where the damages go directly to the injured party. 

Be Careful About the Statute of Limitations 

In New Jersey, you generally have two years from the date of the injury to file suit for personal injury cases (N.J.S.A. 2A:14-2). However, in wrongful death cases, the clock starts at the date of death, which may be later than the date of the original injury. 

For a wrongful death case, you also have two years from the date of death to file a wrongful death claim (N.J.S.A. 2A:31-3).

Special Considerations for Catastrophic Injury Cases that Become Wrongful Death Cases 

Sometimes, a person survives for weeks or months after an accident but eventually succumbs to their injuries. In these situations, both a survivorship claim and a wrongful death claim may be filed: 

• Survivorship Claim: covers damages the injured person suffered before death. This includes medical bills, lost wages, and conscious pain and suffering. 
• Wrongful Death Claim: covers financial losses suffered by the family after the person’s death. 

These claims are often filed together to ensure all possible damages are recovered. 

Why do these differences matter? From a legal strategy standpoint, understanding whether a case should be pursued as a personal injury claim, a wrongful death claim, or both affects: 

• Who files the lawsuit (individual vs. estate representative) 
• What damages can be claimed 
• Who receives the compensation 
• The type of evidence needed to prove losses 
• The timeline for filing suit 

Getting Legal Help After a Serious Injury or Loss 

Both personal injury and wrongful death cases require thorough investigation, expert testimony, and strong legal advocacy. But wrongful death cases add additional layers of complexity, both legally and emotionally. 

At Eichen Crutchlow Zaslow, we understand the deep pain and disruption families face after losing a loved one to negligence. We approach these cases with compassion and dedication, fighting to hold responsible parties accountable while ensuring your family’s financial future is protected. 

If you’ve lost a loved one in an accident or due to medical negligence in New Jersey, contact us today for a free, confidential consultation. We will help you understand your rights, your options, and the best way forward.