Punitive Damages in New Jersey Wrongful Death Claims
Wrongful death claims in New Jersey provide a legal avenue for families to seek justice and compensation when a loved one dies due to another party’s negligence or intentional misconduct. Understanding the various types of damages that can be pursued is essential for victims’ families. Knowing the full spectrum of potential compensation helps ensure that all aspects of their loss are adequately addressed, empowering them to hold the responsible parties accountable and secure the support they need. A wrongful death attorney in Jersey City can assist if your family has been impacted by a preventable accident.
What Are Punitive Damages?
Punitive damages are a type of monetary compensation that can be awarded in civil lawsuits and are designed to punish the defendant for particularly harmful or egregious behavior. They are different from compensatory damages, which aim to make the injured party whole by covering direct losses. Instead, punitive damages serve as a punishment and deterrent. They are intended to discourage the defendant and others from engaging in similar behavior by making them pay a financial penalty that goes beyond the actual harm caused.
Punitive Damages are Not Permitted in New Jersey Wrongful Death Claims
In New Jersey, punitive damages are not permitted in wrongful death claims. Wrongful death statutes in the state focus solely on compensatory damages, which aim to provide financial support to the surviving family members for their losses.
Types of Damages Allowed in New Jersey Wrongful Death Claims
When a loved one dies due to another party’s negligence or wrongful actions, New Jersey law provides avenues for the surviving family members to seek compensation for their losses. Below are the primary categories of damages that can be pursued in New Jersey wrongful death cases:
Loss of Income and Financial Support
One of the most significant aspects of a wrongful death claim is compensating for the deceased’s lost income. This includes not only the wages and salary the individual would have earned during their lifetime but also benefits such as health insurance, retirement contributions, and other financial perks associated with their employment. Calculating lost income involves projecting the deceased’s future earnings based on their career trajectory, education, and potential for advancement.
Loss of Services
Beyond financial support, wrongful death claims can include compensation for the loss of household services that the deceased provided. This can include childcare, home maintenance, cooking, cleaning, and other essential tasks that the deceased performed regularly.
Funeral and Burial Costs
Wrongful death claims typically cover the reasonable costs associated with the funeral and burial of the deceased. This includes expenses for the funeral service, burial plot, casket, transportation of the body, and other related costs.
Medical Expenses
In addition to funeral costs, wrongful death claims can cover medical expenses that were incurred before the victim’s death due to the fatal injury or illness caused by the wrongful actions. This includes hospital bills, emergency room visits, surgeries, medications, and any other medical treatments that were necessary to address the injuries leading to death.
Understanding the various types of damages available in New Jersey wrongful death claims is essential for families seeking justice and compensation after the tragic loss of a loved one. If you have questions or need help with a wrongful death claim in New Jersey, contact us today to schedule a free consultation.