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We read with great interest the recent article entitled “The Deadly Mistake in ‘Wrongful Death’ Litigation,” New Jersey Law Journal, May 22, 2017. The author suggests that only a general administrator can pursue a survival claim, and that the failure to have the plaintiff appointed as the general administrator is “fatal” to such claims. “While letters of administration ad prosequendum provide plaintiffs standing to pursue wrongful death claims—without letters of general administration—they do not have standing to pursue survival claims.” Although the author cites a dozen or so cases and statutes, the author does not cite any of the three cases which have actually discussed this precise issue and held that the “technical mistake” of not obtaining both general letters of administration and letters of administration ad prosequendum can be cured at any stage of the litigation.

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