Losing a loved one is a tragic and devastating event in and of itself, but another layer of emotions is added when that death is caused by another person’s negligence or recklessness. These cases are known as wrongful death cases and they are some of the most emotionally challenging cases that our wrongful death attorneys take on. We know that the thought of filing a lawsuit to recover money for your loved one’s death may bring mixed emotions. You miss your loved one and nothing can fill the emotional void that his or her death has left you with, but you and your family deserve to be financially compensated for your loss.
New Jersey wrongful death law
Wrongful death actions in New Jersey are brought against a defendant whose wrongful conduct caused the death of another person. This action is meant to provide compensation to the deceased’s survivors for the financial losses that they have suffered and will suffer in the future due to the death of their loved one. Financial recovery in wrongful death actions may include the following:
- Money the decedent would have earned and contributed had he or she lived and been able to provide for the family.
- Compensation for the value of services, assistance, and care that the deceased would have provided had he or she lived.
- Compensation for things such as guidance, counsel, and companionship that the deceased would have provided to the survivors had he or she lived.
- Medical and funeral expenses incurred as a result of the death.
Any compensation for physical injuries sustained by the decedent such as pain and suffering or disability is not recoverable in New Jersey wrongful death claims. Also not recoverable are damages for the survivors’ emotional distress, grief, and suffering caused by the death of the decedent.A separate claim for the emotional distress suffered by survivors may be available depending on the circumstances of your case.
New Jersey Survival Action
Survival actions are different than wrongful death claims in that a survival action is brought on behalf of the deceased’s estate to recover for the deceased’s injuries and damages that he or she suffered before death. Survival actions contemplate injuries that allowed the victim to survive, even for a short time before he or she died. Those injuries and damages may include the following:
- Hospital and medical expenses
- Loss of earnings
- Disability and impairment
- Loss of enjoyment
- Pain and suffering
If you have lost a loved one whose death was caused by someone else, you deserve to be compensated for your losses and for your loved one’s losses. Contact an Atlantic City wrongful death attorney at The Law Offices of Greg Prosmushkin, P.C. to schedule a consultation. Our wrongful death attorneys understand that you and your family are facing immense grief, despair, and uncertainty and we will do everything we can to see that you receive maximum compensation. Compensation will not bring back your loved one, but it will help to lift some financial uncertainties and burdens so that you and your family can concentrate on your emotional recovery.