How do wrongful death claims differ from other personal injury claims?
One main difference is that monetary judgments are awarded to the estate of the victim rather than to the victim him or herself. For a wrongful death case to proceed, an executor or personal representative of the victim must be appointed in a separate probate proceeding. Each state has different rules with regard to who can sue for wrongful death. Wrongful death cases can also include damages for loss of companionship and affection and for the loss of future potential earning capacity of the deceased.
Great question! Here are some of the ways a wrongful death claim differs from a personal injury claim under New Jersey law:
- Wrongful death damages are limited to the survivor’s "pecuniary (economic)loss." In a personal injury claim, economic loss is only one of the elements of damage that may be recovered; the most common of which is "pain and suffering."
- A wrongful death claim is prosecuted by either the Executor (rix) if there is a will. Or, if there is no will, by the Administrator (rix) ad Prosequendum appointed in accordance with the rules of intestate succession by the Surrogate of the County in which the decedent died.
- Generally, the plaintiff retains an economist to evaluate the nature and extent of the survivor’s pecuniary loss, and to compute the current value of such loss. Pecuniary loss may include, loss of advice, companionship, and services translated by the economist into the monetary value of those losses; in addition to direct economic loss, such as lost wages
- For example, if a claim is made that a father spent 2 hours per day advising his spouse about business issues, an economist will translate the fees charged by business advisors for the same or similar business advice to establish the monetary loss suffered by the spouse.
- If the decedent lived for a moment, or for an extended period of time prior to his/her death, a survivorship action is generally filed along with a wrongful death action. The survivorship action is a life time claim for damages, and is prosecuted by the Executor (rix) of the estate; or if no will, by the Administor (rix) of the estate of the decedent. Any damages recovered for pain and suffering, disability, loss of enjoyment of life, hedonic damages, etc. are paid to the Estate and distributed to the beneficiaries pursuant to the will, or by intestate laws
- For example, If the decedent survives for five hours prior to his death, and was conscious during those five hours, the survivors can recover damages for pain and suffering, etc.
- For example, if the decedent survives for five hours prior to his death and was not conscious, "hedonic" damages may be recovered by the survivors.
I hope you find this information helpful.
Related Questions
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