This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
New Jersey Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint Regarding Wrongful Death?
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FAQ
In a survival action, the administrator as plaintiff is seeking damages for the decedent's hospital and medical expenses, loss of earnings as well as any disability and impairment, loss of enjoyment, and pain and suffering which the decedent sustained between this accident and his/her death.
In a claim for wrongful death, a family member would be entitled to any of the above types of damages. In a claim for survival action, the deceased person's estate would be entitled to any of the types of damages listed above if the deceased person would have received them if they lived.
A Wrongful Death action is a statutory cause of action that permits recovery of pecuniary losses for the death of a family member. (N.J.S.A. 2A:31-1). This statute does not permit recovery for emotional distress, pain and suffering and other types of non-pecuniary losses.
Only certain people may initiate a wrongful death lawsuit in New Jersey. The law states that the executor of the decedent's will, or the personal representative of the estate, may file the claim.
In New Jersey, the wrongful death portion of the recovery is not part of the estate and is distributed without regard to decedent's Last Will and Testament. In addition, wrongful death proceeds are not taxable as part of the estate.
The survivorship cause of action belongs to the estate for the decedent's pain and suffering prior to death. The wrongful death cause of action belongs to those distributees who have suffered pecuniary loss by reason of death. Distributees are determined strictly by statute.
Unlike wrongful death lawsuits, which center around what the survivors have lost as a result of their loved one's death, survivor action claims focus on the damages suffered by the victim between the event that caused his or her injuries and the time of that individual's death.
Section I-5 - Right of survivorship a. Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created.