What Types of Damages Can You Expect to Recover?

In New Jersey, after an accidental death, certain parties have the right to bring legal action to recover for their losses. Unlike most states, New Jersey separates those types of claims into two distinct lawsuits—wrongful death claims and survivor actions. Survivor actions are filed by an executor or personal representative on behalf of the decedent’s estate, and any damages recovered are paid to the estate and distributed according to the decedent’s will. A wrongful death action, however, can be filed by a family member or other “dependent,” based on rules set forth in the New Jersey wrongful death statute. In this blog, we look at the types of compensation that can be recovered in a wrongful death lawsuit.

Losses Recoverable in a New Jersey Wrongful Death Claim

The damage award in a wrongful death lawsuit in New Jersey is intended to compensate eligible parties for a wide range of losses:

• financial support the plaintiff (family member or dependent of decedent) could have reasonably expected to receive from the person who died;
• value of loss of household services, such as meal preparation, childcare, housekeeping, lawn care, and home maintenance;
• loss of guidance, instruction, care, advice, counseling, companionship, or consortium caused by the wrongful death;
• unreimbursed medical expenses incurred by the decedent as a result of the accident, but before death; and
• funeral and burial expenses.