The death of a loved one is heartbreaking. The world stops, and the thought of moving on without a child, parent or spouse can seem impossible. They can never be replaced, yet our Wrongful Death Act severely limits family members’ recovery to pecuniary losses. Plaintiffs attorneys often rely on a statistical analysis completed by an economist regarding the hours of lost services and their replacement value. The goal of a trial attorney is to effectively highlight these pecuniary losses to the jury in an effort to substantiate and increase the value of the claim.
Wrongful death actions may be brought when a person’s death has been caused by the wrongful act of another, and, if death had not ensued, the injured person would have been entitled to maintain an action for damages resulting from the injury. N.J.S.A. §2A:31-1. With regard to the pecuniary injuries resulting from such a death, the jury may award damages as they shall deem fair and just. This is in addition to any hospital, medical and funeral expenses incurred. N.J.S.A. §2A:31-5.
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