Legal Question in Personal Injury in New Jersey

Re: wrongful death settlement question

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. To determine the amount of damages to be awarded, i.e., the extent of the financial loss caused by the premature death of the decedent, all circumstances and probabilities which bear upon that financial loss may be considered.

To read entire article, go to http://www.njlaws.com/wrongful_death.htm

We recommend you hire an attorney for this serious matter

Re: wrongful death settlement question

Your questions (I saw the other one as well) are very troubling.

It is not clear what happened here. Do I understand correctly that you hired the lawyers to file this lawsuit, and then at the end they agreed to a settlement which will include your deceased child's absent father? and this absent father may end up with a portion of the money? and all this was done without your knowledge?

If that is the situation, then you have a real mess on your hands.

It is crazy, but I think you need another lawyer to look at what your lawyers have done.

Give me a call if you want my assistance.

I am in Hackensack, Bergen County, New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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