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What Can I Expect to Recover in a Wrongful Death Action?

The Damages Available in an Accidental Death Claim

Tipped over truck

In New Jersey, when your loved one has died because of the wrongful, careless or negligent acts of another person, and you can demonstrate that you qualify as a “real party in interest,” you have the right to bring legal action to compensate you for your losses. Of course, if your claim is based on allegations of negligence, you’ll need to show that the defendant failed to meet the standard of care, causing your loved one’s death.

If you can prove these elements, though, you have a right to pursue monetary compensation for:

  • The loss of all financial support you would have received from the deceased, based on his or her expected income. As a general rule, the amount of lost wages will be calculated based on the decedent working until retirement. A spouse will be entitled to all lost wages, whereas a child will be able to recover lost support until he or she would reasonably be expected to be self-sufficient.
  • An medical expenses incurred by the deceased as a result of the fatal accident
  • The costs of burial and funeral services
  • The loss of the companionship or consortium that the decedent would have provided, including comfort, care and guidance
  • The value of all services the deceased would have provided, such as childcare, housekeeping, cooking, laundry, home maintenance and yard/garden

New Jersey law does not permit a survivor or family member to seek any type of damages for emotional distress or injury in a wrongful death claim. A survivor, may, however, file a separate lawsuit for intentional or negligent infliction of emotional distress.

Contact Attorney David J. Karbasian

Contact our office online or call us at 856-667-4666 to schedule an appointment. Your first consultation is without cost or obligation. The sooner you call, the sooner you can move forward with your claim. We can accommodate evening or weekend meeting requests and will come to your home, if necessary.

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