I must answer this question like a lawyer and say, “It depends”. A settlement is based on risk. Insurance companies and plaintiffs weigh the risk of what a jury might do and determine what amount of money is acceptable to avoid the risk of a trial. So, to answer the question, perhaps it is best to ask what damages are available to the Estate and the survivors when a person dies because of the negligence of others.
Two statutes govern damages in the event of death due to negligence. The first is the Wrongful Death Act, N.J.S.A. 2A:31-5. The Wrongful Death Act provides recovery for the heirs of the deceased. The second is the Survivor’s Act, N.J.S.A. 2A:15-3. The Survivor’s Act provides a remedy to the deceased’s executor or administrator for the pain and suffering of the deceased.
The Wrongful Death Act
The Act allows heirs to claim their pecuniary loss due to the death of the deceased. The example I use often is a high-earner on Wall Street whose spouse stays at home with the children. In that case, the spouse and the children are reliant on the income of the deceased high-earner. The spouse and the children would have a claim for the loss of income resulting from the death. The Act also allows recovery of hospital, medical and funeral expenses incurred.
The Survivor’s Act
The Survivor’s Act allows the executor or the administrator of the estate to claim damages that would be available to the deceased had they survived the injuries. This includes non-economic damages such as pain, suffering, disability, and loss of enjoyment of life. For reference, if the person died with a will, then the executor named in the will would pursue this cause of action against the defendant. If the person died without a will, a family representative would be appointed the administrator of the estate to pursue a cause of action against the defendant.
I often explain the Survivor’s Act by providing two examples. The first is a person struck by a vehicle who dies instantaneously. The second would be a person struck by a vehicle who lives and is conscious for a period of time knowing that death is imminent. The estate of the second example would have a substantial claim under the Survivor’s Act
What Influences Wrongful Death Settlements?
Two key statutes in New Jersey govern damages in wrongful death cases:
The Wrongful Death Act (N.J.S.A. 2A:31-5)
This statute provides recovery for the heirs of the deceased. Under the Wrongful Death Act, heirs may claim:
- Pecuniary losses: This includes the financial support the deceased provided to their dependents. For instance, imagine a high-earning professional whose spouse stays at home to care for their children. If the deceased was the sole provider, the surviving spouse and children could claim compensation for the loss of income resulting from the death.
- Expenses: Hospital, medical, and funeral expenses incurred due to the wrongful death are also recoverable under this statute.
The Survivor’s Act (N.J.S.A. 2A:15-3)
This statute allows the executor or administrator of the deceased’s estate to claim damages the deceased could have recovered if they had survived the injuries. These damages typically include:
- Non-economic damages: Pain, suffering, disability, and loss of enjoyment of life experienced by the deceased before their passing.
For reference:
- If the deceased had a will, the executor named in the will pursues this cause of action against the defendant.
- If the deceased did not have a will, a family representative would be appointed as the administrator of the estate to pursue the claim.
Factors That Determine Settlement Amounts
The value of a wrongful death case settlement depends on numerous factors. These include:
- The age, income, and earning potential of the deceased
- The degree of financial dependency of the heirs
- The circumstances leading to the death and the degree of negligence
Ultimately, settlement amounts differ case by case, as they are tailored to the specific losses and damages of the survivors and the estate.
Conclusion
So, what do wrongful death cases settle for? The settlement amount depends on the unique circumstances of each case. Understanding the damages available under the Wrongful Death Act and the Survivor’s Act is crucial in determining the value of a claim. Consulting with a legal professional can provide insights into the specific factors that influence your case and help you achieve a fair settlement.
For individuals searching for details on wrongful death settlements, this guide provides a comprehensive understanding of the two governing statutes and the factors that influence settlement amounts. By addressing these key elements, survivors can better navigate the legal complexities and secure the compensation they deserve.
Leigh A. Raffauf
Partner, Harrell Injury Law
