Wrongful Death and Survivorship Actions

According to the National Highway Traffic Safety Administration, an average of more than 100 people are killed in car crashes every single day.  That is more than 35,000 deaths per year.  On top of that, the Occupational Safety and Health Administration (OSHA) says that an average of 14 workers die every day from work-related accidents from falls, electrocution, and being struck or crushed by objects or dangerous machinery.

We know the tragic loss of a loved one takes a heavy toll on you and your family.  From medical bills and funeral expenses to lost time with your departed family member, there is so much to navigate.  Thankfully, New Jersey has two different laws that protect you in your time of need.

The Wrongful Death Act-N.J.S.A. 2A:31-1

When someone you love is killed in an accident, the Wrongful Death Act allows the deceased person’s heirs to recover benefits if the death was caused by the wrongful conduct of another person or business.  The benefits for which the law provides compensation are:

  • Loss of companionship, advice, and guidance
  • Traditional Economic losses, such as lost wages, profits or other benefits that the deceased would have earned for the family during their lifetime
  • Hospital Expenses
  • Medical Expenses
  • Funeral Expenses

Unfortunately, the Wrongful Death Act does not provide for the purely emotional damages associated with the loss of a loved one.  There is a bill pending in the New Jersey Legislature to change the Wrongful Death Act to allow for emotional damages, but at this time economic damages listed above are the only ones available to surviving family members.

The Survivorship Statute-N.J.S.A. 2A:15-3

The Survivorship Statute provides for damages that would have been available to the deceased, had they survived the car crash, construction accident, work-related accident or other incidents that caused their death.  In other words, the Survivorship Statute allows the estate of the deceased to recover benefits for pain and suffering and other damages they would have been able to recover had they survived.

A Wrongful Death Attorney Can Help Guide Your Family Through Your Loss

Wrongful death can be caused by any number of neglectful acts, like Motor Vehicle Accidents, Work Related Accidents, Bicycle Accidents, Pedestrian Accidents, Boating Accidents, Slips and Fall Accidents, Dog Bite Injuries, Assault and Battery, Defective Products and more.  If your loved one has been killed by any neglectful act, the experienced Wrongful Death Attorneys at The Wright Law Firm can help you obtain the settlement that you deserve.  For legal questions or to schedule a free consultation, contact us online or call us at (609) 759-2500.

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Compensation Recovered for Injured Victims of Personal Injury and Workers’ Compensation Cases.