Wrongful death expansion: Version 2.0

The sponsor of a measure to expand damages in wrongful death cases, vetoed by Gov. John Corzine because it could fall heavily on public defendants, has reintroduced it and plans to tailor the bill to the Governor’s concerns. The bill would amend the Wrongful Death Act to allow recovery for mental anguish, emotional pain and suffering, loss of society and loss of companionship. Those damages would be available to to those entitled to intestate succession of the decedent’s personal property, namely spouses, children and parents. Presumably, the new bill will give judges authority to strike or reduce “excessive” non-pecuniary damage awards. The newly introduced bill has been assigned to the Senate Judiciary Committee. However, no action is predicted until the fall, after the budget process is completed and the Legislature takes its summer recess.