In a wrongful death claim, surviving family members are often left grappling not only with grief but also with the serious financial impact of the loss. In New Jersey, the law allows certain beneficiaries to recover economic damages—compensation for the measurable financial losses caused by the death. These damages can provide essential support for families adjusting to life without their loved one’s income or services.
Who Can Recover Economic Damages in a New Jersey Wrongful Death Case?
New Jersey law restricts wrongful death claims to certain individuals, typically close family members who were financially dependent on the deceased. The right to sue generally falls to:
- Spouses
- Children (including adopted children)
- Parents (if the deceased was unmarried and childless)
- Other dependent relatives, in limited cases
The claim must be brought by the personal representative of the deceased's estate, but any compensation for economic losses goes directly to the beneficiaries, not through the estate.
Types of Economic Damages in NJ Wrongful Death Lawsuits
Economic damages are awarded based on tangible financial losses, past and future. These damages are not speculative—they require solid documentation and are often calculated with the help of economic or vocational experts.
Common types include:
Lost Financial Support
The most significant portion of economic damages often comes from the decedent’s projected lost income. This includes:
- Wages the person would have earned over their working life
- Bonuses, commissions, and raises likely to have occurred
- Employer-provided benefits (such as health insurance or retirement contributions)
Calculations typically factor in the person’s age, occupation, work history, and life expectancy.
Loss of Household Services
If the deceased played a key role in maintaining the household, such as performing childcare, cooking, or home maintenance, the value of those services can be included in the claim. For example:
- A stay-at-home parent who provided daily childcare
- An elderly parent who helped care for grandchildren
- A spouse who managed household finances or repairs
Courts look at what it would cost to replace these services with paid assistance.
Medical and Funeral Expenses
Reasonable medical costs related to the final injury or illness—as well as funeral and burial expenses—can be recovered as economic damages. Receipts and billing statements help establish the value of this category.
How Are Future Economic Losses Calculated?
New Jersey courts allow families to recover future financial losses based on what the deceased likely would have earned or contributed had they lived. These calculations must be adjusted for:
- Inflation
- Taxes
- Expected work-life or life expectancy
- Potential promotions or career advancements
Expert witnesses such as forensic economists often provide detailed projections that help establish these future values. The court may discount future losses to present value, reflecting what the money is worth today.
Limits on Economic Damages in New Jersey
Unlike non-economic damages like pain and suffering, which are generally not allowed under New Jersey’s Wrongful Death Act, economic damages have no statutory cap. That means there’s no fixed upper limit on what a family can recover—so long as the losses are well-documented and reasonably certain.
However, the court will scrutinize every aspect of the claim to ensure it's based on solid evidence. Overestimated or poorly substantiated claims may be rejected or reduced.
Wrongful Death vs. Survival Action in NJ
It’s important to distinguish between a wrongful death claim and a survival action under New Jersey law. A survival action seeks compensation for the pain, suffering, or economic losses the deceased experienced before death—not the losses experienced by surviving family members.
Both types of claims can be filed together, but only economic losses to dependents fall under the wrongful death statute. Any recovery in a survival action typically goes to the estate and may be distributed differently.
Evidence Needed to Support Economic Damages
Strong documentation is critical to recovering economic damages in a wrongful death lawsuit. Families should work with an attorney to gather and present:
- Pay stubs, tax returns, and employment records
- Benefit statements (e.g., life insurance, pension, 401(k))
- Proof of household contributions (e.g., caregiving schedules, home upkeep)
- Medical and funeral bills
- Testimony from economic experts
The more specific and supported the evidence, the stronger the case will be in court or during settlement negotiations.
Why Legal Guidance Matters in Economic Damage Claims
Economic damage calculations are rarely straightforward. Multiple variables—such as job stability, health history, and dependent needs—can influence the final number. A skilled wrongful death attorney in New Jersey can ensure:
- All eligible economic damages are identified and pursued
- Experts are consulted to validate future loss projections
- The claim is tailored to the specific needs of surviving family members
- Deadlines and legal procedures are properly followed
In many cases, families are unaware of the full range of losses they’re entitled to. An experienced legal advocate can uncover overlooked forms of compensation and present them effectively.
Conclusion
In a New Jersey wrongful death claim, economic damages serve as a financial lifeline for families grappling with the loss of a loved one’s income and support. From future wages and medical bills to childcare and household services, these damages aim to restore some measure of stability during a time of deep loss. While no amount of money can replace a life, securing fair compensation can ease the burden of the road ahead. Legal guidance plays a vital role in ensuring that families receive the full economic recovery the law allows.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating New Jersey wrongful death claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.