New Jersey Wrongful Death Damages Calculator

New Jersey runs two claims side by side: a wrongful death claim for the heirs' pecuniary loss, which excludes grief, and a Survival Act claim for the decedent's own pain and suffering. Neither is capped, and you have two years from the death.

Cited to N.J.S.A. 2A:31-5 FigureMyTax Editorial Team Free · no sign-up

Estimate the wrongful death claim

Enter the heirs' pecuniary losses, the value of lost guidance and companionship, the survival claim, and the fault split.

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Estimated result
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Two claims, and only one pays for loss of companionship

The Wrongful Death Act lets the jury award damages it deems fair and just for the pecuniary injuries resulting from the death, with hospital, medical and funeral expenses, to the persons entitled to the decedent's intestate property. In Green v. Bittner, the New Jersey Supreme Court held that pecuniary injury includes the lost value of services such as companionship and care and the loss of advice, guidance and counsel, limited strictly to the pecuniary element.

The separate Survival Act lets the estate recover the decedent's own pain and suffering, medical expenses and lost wages. Neither claim is capped, but survivors' own grief is not compensable.

Injured in New Jersey?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a New Jersey attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited New Jersey statutes. Confirm how these rules apply to your specific case with a licensed New Jersey attorney.