STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Assemblywoman SHEILA Y. OLIVER
District 34 (Essex and Passaic)
Assemblyman NELSON T. ALBANO
District 1 (Atlantic, Cape May and Cumberland)
Expands wrongful death act to allow recovery for mental anguish, emotional pain and suffering, loss of society and loss of companionship.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning death by wrongful act and amending N.J.S.2A:31-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2A:31-5 is amended to read as follows:
2A:31-5. Assessment of damages by jury.
In every action brought under the provisions of this chapter the jury may give such damages as they shall deem fair and just with reference to the pecuniary injuries resulting from such death, together with the hospital, medical and funeral expenses incurred for the deceased, to the persons entitled to any intestate personal property of the decedent in accordance with the provisions of N.J.S.2A:31-4. Damages may also be recovered hereunder for mental anguish, emotional pain and suffering, loss of society and loss of companionship.
(cf: P.L.2007, c.261, s.2)
2. This act shall take effect immediately and shall apply to all causes of action arising on or after the effective date of the act.
Wrongful death statutes establish a cause of action for the wrong done to an individual's beneficiaries when that individual dies as the result of the wrongful conduct of another person.
Under present law, in a wrongful death action damages are recoverable for pecuniary loss. This bill would expand the type of damages for which one may bring suit to include mental anguish, emotional pain and suffering, loss of society and loss of companionship.