In addition to loss of support, recoverable damages include the loss of companionship, the value of household services such as cleaning, babysitting and other home chores, the monetary value of parental guidance and care which the deceased would have provided her family such as nurture, training, education and guidance, other services normally provided to a spouse and hospital, medical and funeral expenses. However, damages for loss of emotional pleasure and punitive damages are not recoverable. Emotional distress caused by the death of a loved one is not compensable under the Wrongful Death Act but is often compensable in another tort action for the negligent infliction of emotional distress. This cause of action requires the death or serious injury of another caused by the defendant's negligence, a marital or intimate familial relationship between the plaintiff and the injured person, actual observation of the death or injury at the scene of the accident and resulting severe emotional distress. Any damages recovered in a wrongful death action are for the exclusive benefit of the heirs of the victim and are not available to creditors of the victim.
Priority is given to the dependents of the deceased.
I recently lost a child as a result of a head injury he suffered playing football. The loss of a child is particularly painful. New Jersey courts have recognized that children and parents have a special relationship which changes as the parties age. As a result, in awarding damages in a wrongful death suit, New Jersey juries may consider the parent's loss of a child's companionship and advice as the parent grows older as well as the reasonable expectation of support based on the future career plans of the child. Of course, evidence supporting these claims is required.