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The Types of Damages Available in a New Jersey Wrongful Death Case

What Losses Can You Expect to Recover?

The Types of Damages Available in a New Jersey Wrongful Death CaseWhen a loved one has died because of the negligence or carelessness of another person, you can’t bring them back, but you do have a right to recover compensation from the at-fault party for a wide range of losses. You must qualify to file a lawsuit, as set forth in the New Jersey wrongful death statute. However, if you have the right to sue, you have the right to recover the following:

  • Compensation to replace any financial support the decedent would have provided to you—For a surviving spouse, that covers any earnings the deceased would have had for the remainder of his or her working life. For children, it covers any support that would have been received before the child became self-sufficient. This also covers any lost retirement earnings caused by the death.
  • The value of any household services that the deceased provided, such as meal preparation, housekeeping, child-rearing, home maintenance, lawn care or other services
  • The loss of any guidance, comfort, support, companionship, consortium, advice, care and counseling the parent would have provided had she or he lived
  • The actual cost of funeral or burial expenses

It’s important to understand that, while the New Jersey wrongful death laws do not allow a family member to recover damages for emotional suffering in a wrongful death case, a surviving family may file a separate legal action for the negligent infliction of emotional distress.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a work-related injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses

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