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.
