The Losses That are Typically Covered in an Accidental Death Lawsuit
If your loved one has died because of the carelessness or negligence of another person, and you qualify under the New Jersey wrongful death statute as a real party in interest, you have a right to seek compensation for a wide range of losses. You’ll need to show that the defendant’s actions failed to meet the accepted standard of care and you’ll have to establish a causal link between the breach of care and the accident that resulted in your loved one’s death. Once you have proven these two elements, you have a right to recover compensation for:
• The loss of any financial support the decedent would have provided you, based on the income he or she would have been expected to receive. As a surviving spouse, that amount will be calculated based on the deceased’s life expectancy. As the surviving child of the deceased, you may seek compensation for the support you would have received until you were reasonably expected to be self-sufficient.
• The value of any and all services the decedent provided at the family home, including housekeeping and cleaning, yard and lawn services, child-rearing and other tasks.
• The loss of consortium and companionship, as well as comfort, care and guidance
• All reasonable medical, funeral and burial costs associated with the accident
Unlike many states, New Jersey does not allow survivors to seek punitive damages or damages for emotional loss or distress in a wrongful death action. You can, however, file a separate lawsuit for negligent infliction of emotional distress.
Contact Mallon & Tranger
We offer a free initial consultation to individuals and families in New Jersey who have lost a loved one because of the careless or negligent conduct of another person. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.