Expands wrongful death act to allow recovery for mental anguish, emotional pain and suffering, loss of society and loss of companionship.
Impact
If enacted, A2013 would significantly alter how damages are assessed in wrongful death cases in New Jersey. Historically, damages in these actions have primarily emphasized pecuniary losses like lost wages and medical expenses. By allowing recovery for emotional damage, the bill represents a critical shift towards acknowledging the psychological and social ramifications of wrongful death, which has thus far been inadequately addressed under existing laws.
Summary
Assembly Bill A2013 aims to amend New Jersey's wrongful death act to allow for the recovery of damages beyond traditional economic losses. The proposed amendment permits the inclusion of emotional distress damages, namely mental anguish, emotional pain and suffering, loss of society, and loss of companionship in wrongful death claims. This expansion aligns with a growing trend in tort reform aimed at recognizing the holistic impact of losing a loved one due to wrongful conduct.
Contention
While supporters of A2013 argue that the bill’s provisions are essential for providing just redress for grieving families, critics may express concern over the potential for increased litigation and jury awards. There is apprehension that allowing non-economic damages could lead to more frequent and costly lawsuits as claimants seek compensation for emotional impacts which can be subjective and difficult to quantify.
Implementation
The bill is designed to take immediate effect, applying retroactively to all wrongful death actions arising after its enactment. This immediate implementation raises further considerations about its impact on pending and future cases, suggesting that existing punitive measures against wrongful death might become more flexible, enabling families to seek comprehensive redress.