How Are Wrongful Death Damages Typically Calculated?

Losing a loved one can be a devastating experience, especially when their passing was caused by someone else’s negligence. While pursuing legal action may seem daunting while trying to cope, a successful wrongful death claim could secure the justice your family deserves. At Lutz Injury Law, our determined Morris County Wrongful Death Attorney can help you navigate this difficult time.  

What Damages Are Available in a New Jersey Wrongful Death Claim?

In a New Jersey wrongful death lawsuit, survivors can generally recover compensation for economic and non-economic damages. These claims must be filed by the personal representative or executor of the deceased’s estate. Recoverable damages include:

• Lost Financial Support: Monetary damages covering the wages, job perks, and expected future earnings the deceased would have provided to their relatives. 
• Medical Costs: Reimbursement for the medical expenses associated with the fatal injury or illness before the person passed. 
• Funeral and Burial Expenses: Compensation for reasonable costs related to final arrangements. 
• Lost Services and Companionship: Value assigned to the loss of household contributions, guidance, and partnership experienced by surviving relatives.
• Punitive Damages: Awarded in instances of gross negligence, intended to deter future egregious behavior. 

What Factors Influence the Value of an NJ Wrongful Death Settlement?

When it comes to calculating damages in a New Jersey wrongful death case, the court looks at several factors. These factors are used to quantify the financial and non-financial losses suffered by the deceased’s dependents. A critical step is assessing the deceased’s age and overall health at the time of death, as this impacts their remaining expected lifespan. This is then combined with an evaluation of their general life expectancy to determine the duration of the future financial support that they would have provided if they were still alive. 

Another major component is the non-monetary, but still valuable, contributions the deceased made to the household. This includes the value of services like childcare, home maintenance, and financial management that the dependents now have to account for or perform themselves. 

Furthermore, the court will consider the stability of the relationship the deceased had with their dependents. This helps determine the value of lost companionship, guidance, and emotional support. These are categorized as non-economic damages. The final award will compensate the surviving family for both the direct financial impact and the profound emotional loss they have endured. 

Are There Limits? 

While some states enforce caps on the amount of damages recoverable in a wrongful death claim, New Jersey has no fixed limit on economic damages. For a successful claim, you’ll need to present substantial evidence of your losses. The court will determine an appropriate amount recoverable based on the unique circumstances of the case. 

To maximize your potential financial recovery, it’s in your best interest to enlist the help of an experienced attorney at Lutz Injury Law. Our legal team is prepared to help you pursue both a wrongful death claim and a survival action, ensuring that every avenue for compensation is explored and properly valued. Connect with our firm today to schedule a consultation.