Losing a loved one is tragic, and family members are left behind with legal matters that are often confusing and stressful. There is much you should know about the wrongful death statute in the state of New Jersey.

Pecuniary loss is defined by the New Jersey Wrongful Death statute and cases interpreting the statute. Damages are distributed amongst those who are eligible to recover under intestate law, in proportion to the pecuniary loss. Given the different circumstances present in every situation, intestate law determines the order in which belongings and estate are divided in the family line.

The priority under intestate law includes:

• Everything goes to the spouse.
• The spouse takes the first $50,000, plus 1/2 of the balance of the estate if the children are also the spouse’s.
• If children are not involved, the spouse could take the first $50,000 plus 1/2 the balance of the estate and the remainder is equally divided among the parents.
• In the event of no children or spouse, the parents split equally.
• If there are no parents, the parents children divide equally among all of the children in the same generation.

When there are children of different generations:

• The estate is divided into as many shares as there are living members of the nearest generation of children to the victim.
• This includes deceased children who left behind their own children. Each surviving heir and that of any deceased children is given one share, divided up equally.

For further information on intestacy law, visit www.justice.gov.

The law firm of Meyerson and O’Neill devotes special attention and resources to these cases. If you feel that you have a need to speak to a NJ wrongful death attorney, please contact us at 877-373-8059.