The driver is facing significant criminal penalties for her actions.The victim’s loved ones have a right to bring a wrongful death claim against the driver, owner and insurance company of the vehicle. Claims can be brought under both the Wrongful Death Act, N.J.S.A. 2A:31-1, and under the Survivor’s Act, N.J.S.A. 2A:15-3. The wrongful death claim compensates those relatives who were dependent on the deceased while the survivors claim is asserted for reasonable compensation for the victim’s pain and suffering prior to his death.

Div. 2012). The first paragraph of this very interesting opinion by Judge Harris, in an auto accident case, well encapsulates the novel issue presented:“This appeal arises in connection with the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6. The novel issue presented is whether an heir’s loss of a prospective inheritance resulting from the imposition of increased estate taxes– incurred due to the premature death of a decedent– is recoverable in a wrongful death action.

Most people would say that the loss of a special person causes great pain and suffering as well as psychological pain to those who are left behind. The unique characteristics of the loved one which made him her or her so special would also be mentioned. Unfortunately, these very real factors in the loss of a loved one have no value under New Jersey law, much to the shock and chagrin of those who are suffering as a result of the loss.Wrongful death claims in New Jersey are controlled by a statute – N.J.S.A. 2A:31-1 – as they are in all states, because wrongful death claims are not found in the common law and are purely creatures of statute. New Jersey’s Wrongful Death Act is a “pecuniary loss only” statute, which recognizes as elements of loss the dollar value of the lost contributions to the family unit, and nothing else. New Jersey courts have urged the legislature to amend this statute to more accurately reflect the actual losses sustained in the case of a wrongful death, but the legislation remains the same.