The Types of Damages Available in a Wrongful Death Lawsuit

What You Can Expect to Recover When a Loved One Dies in an Accident

The Types of Damages Available in a Wrongful Death LawsuitWhen your loved one dies because of the carelessness or negligence of another person, there’s no amount of money that can make you whole again. Nonetheless, you may experience financial loss on a daily basis, particularly if your loved one was the family’s provider. You have a right to seek compensation and to hold the wrongdoer accountable for his or her actions.

In New Jersey, a wrongful death claim is intended to provide compensation to survivors and to the decedent’s estate for the impact of the death of a loved one. Accordingly, you can seek compensation to cover the following losses in a New Jersey wrongful death action:

  • The lost financial support the decedent could reasonably be expected to provide, for his or her reasonable working life, had he or she lived
  • The loss of any services the deceased provided to the household, including cleaning, cooking, childcare, maintenance and lawn care
  • The loss of comfort, care, companionship, consortium and guidance suffered by family members
  • All reasonable and necessary medical, burial and funeral services related to the injuries that caused the death or as a result of the death

Family members cannot seek damages for emotional distress in a wrongful death claim, but must file a separate action for negligent infliction of emotional distress. Punitive damages are typically not allowed in wrongful death claims, either.

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