Losing a loved one unexpectedly is painful beyond words—especially when their death could have been prevented. As families grieve, they also face a new wave of financial stress. If you’re exploring a wrongful death claim in New York or New Jersey, you’re not just seeking justice. You’re also trying to protect your family’s future.
Calculating wrongful death damages is very complex. While we provide a broad overview of the topic here, we encourage you to contact Hofmann & Schweitzer to protect your family's rights during this difficult time.
Types of Damages Available in a Wrongful Death Claim
New York and New Jersey both allow families to recover compensation after a wrongful death.
In both states, wrongful death damages may include:
- Loss of financial support. Courts look at the deceased’s age, occupation, and expected career path to estimate the financial support he would have contributed to the survivors within the permitted class of family members, typically the spouse, children, and sometimes parents who prove dependency on the support of the decedent.
- Medical expenses. Any treatment costs from the final injury or illness are usually reimbursable.
- Funeral and burial costs. Reasonable costs related to memorial services, cremation, or burial may be eligible for reimbursement.
- Loss of services. If the deceased provided household support, such as childcare, eldercare, or maintenance, the value of that labor can be calculated and included in the calculation.
Survivor pain and suffering—the conscious pain experienced by the deceased before death—can be claimed separately from wrongful death damages in both New York and New Jersey. This type of claim is brought on behalf of the estate.
To prove this, medical records, witness testimony, or expert opinions may be used. For instance, if a victim was hospitalized for several days after an accident before passing away, their suffering during that time may be compensable.
Additional damages may be possible depending on the unique facts of your case.
How Courts Calculate Economic Losses
Calculating wrongful death compensation is a detailed process that considers the family's loss of financial support. First, a thorough analysis must be conducted of the decedent's earnings and projected future earnings. Then, the amount the decedent would have spent on personal consumption must be deducted from the earnings amount. After that, we argue that what is left over would have been contributed to the support of the spouse and children (usually up to age 21 or college graduation.)
Other relevant factors may include:
- Losses of annuity and pension which the spouse may have benefited from
- Loss of health insurance that now needs to be replaced
Both the decedent's work life expectancy and the life expectancy of beneficiaries will factor into the calculation.
Who Can File a Wrongful Death Lawsuit
In New York and New Jersey, the personal representative of the deceased's estate must file the claim. This may be a family member, but not always. The representative files on behalf of all eligible beneficiaries, including spouses, children, or dependent parents. If multiple family members are entitled to recover, damages are divided according to state law or as determined by the court.
You Have a Limited Time to File a Wrongful Death Claim
Generally, you have two years from the date of death to file a wrongful death claim in New York or New Jersey. However, there are some exceptions to New York and New Jersey statutes of limitations that an experienced wrongful death lawyer will consider.
Waiting too long can result in your case being dismissed, even if you have strong evidence.
Why Legal Guidance Is Essential When Calculating Damages
Wrongful death claims involve not only emotion but also complicated legal and financial calculations. A New Jersey or New York injury lawyer can:
- Gather the documentation needed to prove economic losses
- Work with financial experts to project future earnings
- Identify all available sources of compensation
- Ensure compliance with state-specific laws and deadlines
If you’ve lost a loved one due to someone else’s negligence, it’s time to get answers and the support your family needs to move forward. You don’t have to face this process alone. At Hofmann & Schweitzer, we’ve been helping families for almost half a century. If your loved one has died in a motor vehicle, construction, maritime, or other type of accident, an experienced attorney may be able to help your family.
