New Jersey Assembly Bill A1396

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Expands wrongful death act to allow recovery for mental anguish, emotional pain and suffering, loss of society and loss of companionship.

Impact

If passed, A1396 would significantly influence the landscape of wrongful death lawsuits in New Jersey. By broadening the types of recoverable damages, the bill aims to reflect the true emotional and psychological toll that the loss of a loved one can have on surviving family members. This change could potentially lead to higher settlements and awards in wrongful death cases, as juries would have the discretion to consider non-economic factors such as emotional distress. This shift may encourage more individuals to pursue wrongful death claims, believing that their emotional suffering will be acknowledged legally.

Summary

Assembly Bill A1396 seeks to amend New Jersey's wrongful death act to allow for the recovery of additional types of damages. Currently, wrongful death actions primarily permit recovery for pecuniary losses, such as lost wages or funeral expenses. A1396 expands this scope by allowing damages related to mental anguish, emotional pain and suffering, loss of society, and loss of companionship. The bill emphasizes acknowledgment of the emotional impact experienced by those left behind after a wrongful death, thereby aiming to provide a fuller measure of justice to the survivors.

Contention

The introduction of A1396 may not be without its critics. Opponents could argue that expanding damages could lead to an increase in frivolous lawsuits, as plaintiffs might seek compensation for emotional harms that are difficult to quantify. Some may also question whether the existing legal frameworks for wrongful death adequately protect the interests of defendants against excessive claims. Balancing the rights and needs of victims with fair treatment for defendants may emerge as a point of contention during discussions on this bill.