Expands wrongful death act to allow recovery for mental anguish, emotional pain and suffering, loss of society and loss of companionship.
Impact
The passage of S3119 would amend the New Jersey Statutes, specifically N.J.S.2A:31-5, which outlines the assessment of damages in wrongful death cases. This legislative change could significantly alter the legal landscape for wrongful death claims in New Jersey. With the inclusion of non-economic damages, families affected by wrongful deaths may find it easier to seek compensation for the emotional distress they endure, creating a more comprehensive legal remedy for the losses associated with wrongful deaths.
Summary
Senate Bill S3119 aims to expand the existing wrongful death laws in New Jersey by allowing recovery for damages related to mental anguish, emotional pain and suffering, loss of society, and loss of companionship. Traditionally, wrongful death claims primarily addressed pecuniary losses such as lost wages and funeral expenses. The introduction of S3119 represents a significant broadening of the scope of damages that can be claimed by beneficiaries following a wrongful death, acknowledging the emotional and psychological impacts of losing a loved one under wrongful circumstances.
Contention
While the intent of S3119 is to address the emotional repercussions of wrongful deaths, the measure may face opposition from parties concerned about potential increases in litigation or insurance costs. Critics might argue that expanding the definition of recoverable damages could lead to more frivolous lawsuits or strain existing judicial resources. Furthermore, there could be apprehensions regarding how courts will quantify damages for emotional pain and suffering, as these are often subjective and difficult to evaluate objectively.