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Gelman Gelman Wiskow & McCarthy LLC
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The New Jersey Wrongful Death Act Alone May Not Provide the Full Compensation Families Deserve

In an instant, a careless action by a negligent person or party can have fatal consequences for your loved one. When you suffer the needless loss of a close family member, you have the right to pursue compensation through a wrongful death lawsuit.

Anyone who loses a loved one prematurely may experience different types of losses:

  • Financial losses, which include monetary costs related to injuries from the fatal accident or incident, long-term income deficiencies resulting from an individual no longer being able to earn a living and support his or her dependents and direct expenses such as for funeral and burial costs
  • Loss of services no longer available from a loved one, partner or provider that have a financial effect, such as household chores, babysitting, companionship and guidance — these are known as pecuniary losses
  • Emotional losses, distress and grief

These types of losses are all very real to the families that experience them, but the New Jersey Wrongful Death Act permits survivors to recover monetary damages for only financial and pecuniary losses, as those can be valued monetarily. Emotional damage, under state law, is not considered in regard to the financial losses of death of a loved one.

In spite of the apparent limitations of New Jersey wrongful death laws, survivors can sometimes take tort action on grounds of negligent infliction of emotional distress. When there is a close bond between the decedent and the claimant, such as in a marital or parental relationship, this type of claim might be valid — particularly if the claimant witnessed the incident and suffered psychological effects.

Taking legal action after suffering such a personal loss is never easy, but the compensation you can obtain provides essential funds for your family when your loved one cannot. A compassionate wrongful death attorney can help ensure you seek the full coverage to which you are entitled.

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