January 9, 2008
Re: New Jersey Wrongful Death Bill
TO THE COMPANIES IN INTEREST:
On January 8, 2008, the New Jersey Senate and Assembly passed a Wrongful Death bill that expands the type of recoverable damages under wrongful death actions to include mental anguish, emotional pain and suffering, loss of society and loss of companionship. The current law limits recovery to pecuniary loss only. This bill, S-176, will increase the potential recovery in all wrongful death actions.
The Senate and Assembly also passed legislation on January 7, 2008 amending certain provisions of the Wrongful Death Act to ensure recovery by children of a decedent in provided, in part, that if a decedent is survived by a spouse and descendents, the entire intestate estate would pass to the surviving spouse. S-68 provides that if there is a surviving spouse of the decedent and one or more surviving descendants of a decedent, they shall be entitled to equal proportions for purposes of recovery under wrongful death actions notwithstanding the intestate provisions of the probate code.
S-176 and S-68 are presently on the Governor’s desk awaiting signature. Please click on the link for relevant committee statements regarding these bills.
Should you have any questions, please feel free to contact Michael Dolich, Esquire at dolich@bbs-law.com or Warren F. Sperling, Esquire at sperling@bbs-law.com.
Read More: New Jersey Wrongful Death Bill
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