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A2013
ASSEMBLY, No. 2013
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
SYNOPSIS
���� Expands wrongful death act to allow recovery for
mental anguish, emotional pain and suffering, loss of society and loss of
companionship.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning death by wrongful act and amending
N.J.S.2A:31-5.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� N.J.S.2A:31-5 is amended
to read as follows:
���� 2A:31-5.���� Assessment of
damages by jury.
���� In every action brought under
the provisions of this chapter the jury may give such damages as they shall
deem fair and just with reference to the pecuniary injuries resulting from such
death, together with the hospital, medical and funeral expenses incurred for
the deceased, to the persons entitled to any intestate personal property of the
decedent in accordance with the provisions of N.J.S.2A:31-4.
Damages may
also be recovered hereunder for mental anguish, emotional pain and suffering,
loss of society and loss of companionship.
(cf: P.L.2007, c.261, s.2)
���� 2.��� This act shall take
effect immediately and shall apply to all causes of action arising on or after
the effective date of the act.
STATEMENT
���� Wrongful death statutes
establish a cause of action for the wrong done to an individual's beneficiaries
when that individual dies as the result of the wrongful conduct of another
person.
���� Under present law, in a
wrongful death action damages are recoverable for pecuniary loss.� This bill
would expand the type of damages for which one may bring suit to include mental
anguish, emotional pain and suffering, loss of society and loss of companionship.