States With Caps on Wrongful Death Damages

By the FigureMyTax Editorial Team · How we calculate

New Jersey limits wrongful death damages by what they cover, not by a dollar figure.

No dollar cap

New Jersey sets no cap on compensatory damages in wrongful death or survival claims. A jury awards what it deems fair and just with reference to the pecuniary injuries resulting from the death, together with hospital, medical and funeral expenses.

Pecuniary loss, broadly read

The New Jersey Supreme Court has said that pecuniary injury includes the lost value of services such as companionship and care and the loss of advice, guidance and counsel, but limited strictly to their pecuniary element.

No grief damages

Survivors cannot recover for emotional distress over the loss, and punitive damages are not awarded in the wrongful death claim. In the Survival Act claim, the estate may recover the decedent's pain and suffering and, in some cases, punitive damages.

Bills to change that

Legislators have introduced bills to allow recovery for mental anguish, emotional pain and suffering, loss of society and loss of companionship in several sessions. In the sources we reviewed, none has become law.

How other states compare

Nebraska also limits recovery to pecuniary loss, Nevada expressly allows grief or sorrow, and Missouri excludes grief but allows consortium. New Jersey sits with Nebraska on this point.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Jersey's rules apply to your specific case with a licensed New Jersey attorney.