Expands wrongful death act to allow recovery for mental anguish, emotional pain and suffering, loss of society and loss of companionship.
Impact
If enacted, A3109 would significantly modify how damages are assessed in wrongful death cases under New Jersey law. Currently, recoverable damages are primarily limited to financial losses incurred due to the death of an individual, such as lost wages and funeral expenses. With this bill, juries would gain the authority to award damages that reflect emotional and psychological suffering, which could result in higher awards for plaintiffs and change the dynamics of wrongful death litigation across the state.
Summary
Assembly Bill A3109, introduced in the New Jersey legislature, proposes an expansion of the current wrongful death act. The bill aims to allow the recovery of damages not only for traditional pecuniary losses but also for emotional pain, suffering, and loss of companionship. This amendment seeks to address the comprehensive impacts of wrongful deaths on the survivors by recognizing the intangible losses they experience, thus enhancing the existing framework for legal recourse available to the beneficiaries of deceased individuals.
Contention
While the bill has the potential to provide a more comprehensive support system for grieving families, it may also present points of contention among lawmakers. Opponents may argue that broadening the scope of recoverable damages could lead to increased litigation and higher payouts, potentially overburdening the legal system and impacting insurance costs. Advocates for the bill, however, assert that the emotional toll of losing a loved one cannot be understated, and allowing recovery for these kinds of damages is just a step toward achieving fairness in the legal recognition of such profound losses.