Losing a loved one due to someone else’s negligence or wrongful act is a devastating experience. In addition to the emotional pain, families are often faced with unexpected financial burdens. New Jersey law allows certain surviving family members to seek compensation through a wrongful death claim, aiming to alleviate the economic impact of the loss. Understanding the types of damages available can help families make informed decisions during this challenging time.
Who Can File a Wrongful Death Claim in New Jersey
Under the New Jersey Wrongful Death Act, a wrongful death lawsuit must be filed by the personal representative (executor) of the deceased person’s estate. The damages recovered are distributed to the surviving dependents, typically including a spouse, children, parents, or other relatives who relied on the deceased for financial support.
Economic Damages
The primary purpose of a wrongful death claim in New Jersey is to compensate for the financial losses caused by the death. Common categories include:
- Loss of Financial Support: Compensation for the income and financial contributions the deceased would have provided over their expected lifetime.
- Loss of Services: Covers the value of household chores, childcare, and other contributions the deceased made to the family.
- Medical Expenses: Costs for medical care related to the injury or illness that led to the death, if incurred before the person passed away.
- Funeral and Burial Costs: Reasonable expenses for funeral services and burial or cremation.
Loss of Guidance, Care, and Companionship
While New Jersey’s wrongful death statute does not allow for emotional distress damages within the wrongful death claim itself, families can recover for the loss of guidance, care, training, and companionship that the deceased would have provided to dependents. This is particularly significant for surviving children who have lost a parent.
Survivorship Damages
In addition to wrongful death damages, New Jersey law allows the estate to pursue a survivorship claim. This is separate from wrongful death and compensates for the pain and suffering the deceased experienced between the time of injury and death. It can also include medical expenses and lost wages during that period. Survivorship claims are brought under the New Jersey Survivor’s Act and are considered part of the estate, passing according to the deceased’s will or intestacy laws.
Calculating Damages
Calculating damages in a wrongful death case often requires expert testimony from economists, vocational specialists, and medical professionals. They consider factors such as the deceased’s age, health, occupation, earning capacity, and life expectancy. The goal is to ensure that the compensation reflects the actual financial impact of the loss.
Time Limits for Filing
The statute of limitations for filing a wrongful death lawsuit in New Jersey is generally two years from the date of death. Failing to meet this deadline can bar recovery, making it crucial to consult an attorney as soon as possible.
Why Legal Representation Matters
Wrongful death cases are often complex, involving both legal and financial considerations. Insurance companies may attempt to minimize payouts, and calculating the true value of a claim requires careful analysis. An experienced wrongful death attorney can guide families through the process, gather the necessary evidence, and advocate for full and fair compensation.
Conclusion
While no amount of money can replace the loss of a loved one, a wrongful death claim in New Jersey can help ease the financial strain on surviving family members. By understanding the types of damages available—ranging from lost income to loss of companionship—families can better protect their rights and secure the support they need to move forward.