My Husband Suffered Terrible Pain for a Full Month before the Injuries from His Construction Accident Took His Life. Isn’t He Entitled to Some Kind of Compensation for That?

By on April 16th, 2016

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Yes, he is. While survivors are permitted to collect for their financial losses under the Wrongful Death Act, the deceased is not permitted recovery pursuant to that law for the aspects of his life which he will not enjoy — things for which he would have been compensated if he was merely injured.

New Jersey has a separate statutory remedy, called a survivor action, which compensates for losses to the decedent. Instead of belonging to the next of kin, monetary awards in the survival action belong to the decedent’s estate. Of course, the heirs of the victim will be the ultimate beneficiaries but these amounts are available to the creditors of the victim. The survival statute allows for recovery for an injured party for losses incurred up to the time of his death. Under these provisions, the decedent is allowed to collect for pain and suffering, the loss of enjoyment of life, lost earning capacity, and out-of-pocket expenses incurred prior to his death.

Multiple locations to better serve your needs—

Princeton, NJ

993 Lenox Dr, Building 2
Lawrenceville, NJ 08648
Phone: 609.896.9060
Secondary phone: 800.535.3425
Fax: 609.896.0629
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Marlton, NJ

40 Lake Center, 401 NJ-73, Suite 130
Marlton, NJ 08053
Phone: 856.874.4443
Secondary phone: 888.241.7424
Fax: 856.874.0133
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Yardley, PA

777 Township Line Road, Suite 120
Yardley, PA 19067
Phone: 267.907.9600
Fax: 267.907.9659
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New York, NY

5 Pennsylvania Plaza 23rd Floor
New York, NY 10001
Phone: 800.535.3425
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Philadelphia, PA

The Bellevue 200 S Broad St #600
Philadelphia, PA 19102
Phone: 267.907.9600
Secondary phone: 800.535.3425
Fax: 215.564.6245
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Bridgeton, NJ

78 W Broad St
Bridgeton, NJ 08302
Phone: 856.874.4443
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