Nj Wrongful Death Statute

The New Jersey Wrongful Death Act and Survival Statute give the surviving family members or heirs of a person who died due to the negligence of another, or the decedent, certain legal remedies. Any compensation received under the New Jersey survival statute is not personal to the decedent, as the decedent is not permitted to recover compensatory damages such as pain and suffering. Technically, any damages recovered through a survival action, which "survives" the death of the decedent, belong to the decedent's estate. However, since the decedent's immediate family members and/or heirs are typically the beneficiaries of the decedent's estate, they are the persons who ultimately benefit from any damages awarded. Likewise, the New Jersey wrongful death statute provides a decedent's heirs with a means of recovery for the losses that they have suffered due to the decedent's death. In most cases, the major component of a wrongful death action is the loss of future earnings and/or support from the decedent for his or her family, an amount which is adjusted to present-day value.

Fast Facts

  • Deaths in frontal traffic accidents are reduced about 26% if drivers use safety belts.
  • 60% of all motorcyle fatalities occur at night.

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