Wrongful death expansion: Version 2.0
The sponsor of a measure to expand damages in
wrongful death cases, vetoed by Gov. John Corzine
because it could fall heavily on public defendants,
has reintroduced it and plans to tailor the bill to
the Governor's concerns. The bill would amend the
Wrongful Death Act to allow recovery for mental
anguish, emotional pain and suffering, loss of
society and loss of companionship. Those damages
would be available to to those entitled to intestate
succession of the decedent's personal property,
namely spouses, children and parents. Presumably, the
new bill will give judges authority to strike or
reduce "excessive" non-pecuniary damage awards. The
newly introduced bill has been assigned to the Senate
Judiciary Committee. However, no action is predicted
until the fall, after the budget process is completed
and the Legislature takes its summer recess.
