WRONGFUL DEATH

There is nothing in the justice system that can replace the loss of a father, mother, spouse or child. It’s hard to imagine that as a victim of unimaginable tragedy and pain, your rights to pursue compensation arising from the death of a loved one, could be so complicated and burdened with legal pitfalls.

Wrongful death lawsuits in New Jersey are brought on behalf of the Estate of a person whose death was caused by a tragic event such as negligence, motor vehicle accidents, product defects and/or failure or medical malpractice. In common law, no claim for the wrongful death of a loved one existed. The New Jersey Legislature authorized claims for “death by wrongful act” or “wrongful death,” and the other authorizing so-called “survival” actions. N.J.S.A. 2A : 31-1 to 6 and N.J.S.A. 2A :15-3. However, claims for wrongful death damages must be calculated in terms of “pecuniary” losses. Financial loss includes not only the actual monies that a decedent would have earned and contributed for the benefit of the survivors but also the reasonable value of the services, assistance, care, training, guidance, advise, counsel and companionship the survivors would have received from the decedent had he she lived.