When a person dies because of another party’s negligence, the emotional loss can be overwhelming. Families may also face immediate financial uncertainty. A spouse may lose household income. Children may lose a parent’s support, guidance, and future assistance. Parents or other dependents may lose the help they relied on for daily needs.
In New Jersey, wrongful death claims are designed to compensate surviving family members for the financial losses caused by the death. One of the most important parts of these claims is lost financial support.
What Is Lost Financial Support?
Lost financial support refers to the income, benefits, services, and economic contributions the deceased person would likely have provided if they had lived. This may include wages, salary, overtime, bonuses, business income, health insurance benefits, pension contributions, retirement benefits, and other financial resources.
For example, if a parent was the primary earner for the household, the claim may include the income that would have supported the spouse and children over time. If the deceased person helped pay rent, mortgage payments, groceries, utilities, education costs, medical expenses, or childcare, those losses may also be considered.
New Jersey Wrongful Death Damages Are Financial in Nature
New Jersey wrongful death law focuses on pecuniary losses. This means the claim is generally based on financial and economic harm suffered by the surviving beneficiaries. While grief and emotional pain are very real, they are not usually the direct measure of damages in a wrongful death claim.
However, financial loss is not limited to a paycheck. New Jersey law may also recognize the economic value of household services, parental guidance, advice, care, training, and support. These losses can be especially important when the deceased person was a parent, spouse, or caregiver.
How Lost Support Is Calculated
Calculating lost financial support can be complex. The value may depend on the deceased person’s age, health, work history, earnings, education, career path, life expectancy, retirement plans, and family responsibilities. The calculation may also consider taxes, personal living expenses, expected raises, employment benefits, and the amount of support the person likely would have provided to the family.
In many cases, attorneys work with economists, financial experts, or vocational experts to estimate future losses. This is especially important when the deceased person was young, self-employed, a business owner, or earning income that varied from year to year.
Evidence That Can Support the Claim
Strong documentation is important in a wrongful death claim. Useful evidence may include tax returns, W-2 or 1099 forms, pay stubs, bank records, employment files, business records, benefit statements, retirement account records, household expense records, and testimony from family members.
Evidence of household services can also matter. Cooking, cleaning, childcare, transportation, home maintenance, caregiving, and financial management all may have measurable value.
Wrongful Death and Survival Claims
A wrongful death claim is separate from a survival action. A wrongful death claim generally focuses on the losses suffered by surviving family members. A survival action may involve claims the deceased person could have brought if they had survived, such as conscious pain and suffering or certain losses between injury and death.
An attorney can determine which claims apply and how they should be presented.
Speak With a New Jersey Wrongful Death Attorney
Lost financial support claims require careful investigation and calculation. Insurance companies may try to undervalue future income, household services, or the long-term needs of surviving family members.
If your family lost a loved one because of negligence in New Jersey, speak with a wrongful death attorney as soon as possible. A lawyer can preserve evidence, identify beneficiaries, consult financial experts, and pursue compensation for the economic losses your family has suffered.
