Legal Question in Personal Injury in New Jersey

Re: Wrongful Death Claim

The plaintiff brings this lawsuit as the representative of the survivors of the decedent and seeks to recover damages from the defendant contending that defendant's fault was responsible for the death of the decedent. The money damages sought on behalf of the survivors of the decedent represent the actual pecuniary or financial loss which plaintiff contends has been and will in the future be suffered by the survivors due to the death of the decedent. This claim for pecuniary or financial loss is distinguished from any physical injuries or suffering that may have been sustained by the decedent, such as any pain and suffering or disability sustained by the decedent. In the event that you find in favor of the plaintiff, that is, that the defendant was at fault, which fault was a proximate cause of plaintiff decedent's death, you must limit your consideration to whatever financial loss was suffered by the survivors as measured by what they would have received from the decedent within a reasonable degree of probability if the decedent had survived. I instruct you that the pecuniary injuries or money losses in this case should not include emotional distress, anguish, grief and sorrow or loss of emotional satisfaction derived from the society and companionship of the decedent. These matters, though real and very distressing, cannot be considered in determining the extent of the financial or pecuniary loss suffered by the survivors who are represented in this action by the plaintiff. The financial loss does include, however, not only actual monies which would have been contributed to or earned for the benefit of the survivors, but it also includes the reasonable value of benefits which would have been received in the nature of services, assistance and care as well as training, guidance and counsel that the decedent's survivors (such as children, parents or spouse) would have received had the decedent lived.

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Re: Wrongful Death Claim

How old were you when he died? Who was charged with 's affairs? Are you certain that nothing was started in terms of a lawsuit? Who owned the house after his death?

Re: Wrongful Death Claim

I am very sorry for the death of your father. You are correct about the 2 year statute of limitations in a wrongful death case. Under the facts your describe, I know of no way to avoid the consequences of the statute of limitations for not filing a lawsuit before the expiration of the 2 year period.

I regret not being able to give you better news.

Re: Wrongful Death Claim

There are certain events which toll the running of the time period, such as the girl moving outside of New Jersey during the time period. Her going away to college may or may not toll the running of the time period.

Gary Moore