Wrongful Death Legislation

Donald Caminiti

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A Wrongful Death Bill (S-176) was voted out of the New Jersey State Senate Judiciary Committee on December 10, with a vote of 7 in favor and 4 in opposition. This bill which is long overdue in New Jersey, would permit survivors of those wronfully killed in automobile accidents, by dangerous products or as a result of medical malpractice to recover for grief and suffering. Justice Alan Handler, retired New Jersey Supreme Court Justice prepared an analysis and evaluation of the Wrongful Death Bill testified that New Jersey's Wrongful Death Act was inadequate and that there was no evidence that states which allowed survivors to recover for grief and emotional suffering had any problems with the amounts of verdicts. His conclusion was that New Jersey's jury system was more than adequate to handle decisions with respect to compensation for the mental anguish of the spouse and children of decedents.

The best that Business and Industry and the insurance companies could say was that the tort climate in New Jersey--in addition to high taxes and strict regulations--make NJ an undesirable state to do business and that companies will move to New York, Pennsylvania and Delaware! Profits over people!