Assemblywomen Sheila Oliver and Linda Greenstein

ASSEMBLY PANEL CLEARS OLIVER/GREENSTEIN MEASURE
UPDATING STATE'S WRONGFUL DEATH LAW
Assemblywomen Say Reforms to Help Victims' Families 'Long Overdue'

(TRENTON) -- Legislation Assemblywomen Sheila Y. Oliver and Linda Greenstein are sponsoring to broaden New Jersey's wrongful death law to give surviving relatives greater ability to seek damages following the loss of a loved one was released today by an Assembly committee.New Jersey is one of only 10 states that limit wrongful death damages. The lawmakers called the antiquated wrongful death statute "a slap in the face" of grieving families.

"It is time that our courts are given the ability to view death in terms of its overall impact to a family's emotional well-being, and not simply as a loss of a wage earner," said Oliver (D-Essex). "This updating of our antiquated wrongful death law is vital to ensuring that grieving families are compensated not only for the direct economic losses that occur from of an untimely death, but for any intangible losses, as well."

Under current law, state courts only award damages that can be valued in strict monetary terms -- such as lost wages -- to a victim's legal beneficiaries. The Oliver/Greenstein legislation (A-1511) would expand the damages available for recovery to include loss of companionship, comfort, protection, marital care, or parental care, among other things. The measure also would allow any immediate family member -- such as a spouse or civil union partner, parent, child, or sibling -- to seek damages.

The Assemblywomen noted that the inadequacies of the current law came to light following September 11, 2001. At an Assembly Judiciary Committee hearing in December of that year, families of terrorist-attack victims testified regarding their inability to seek compensation for pain and suffering.

The survivors of several murder victims, including those killed by drunken drivers, spoke in support of the measure during a hearing on the bill today in Trenton.

"It is unconscionable that New Jersey law continues to put so little value a family's loved ones compared to the majority of other states," said Greenstein (D-Middlesex/Mercer). "This reform is about justice for the survivors. No price tag can ever be put on peace of mind."

The Assembly Judiciary Committee released the bill 4-0. It now heads to the Assembly Speaker, who decides if and when to post it for a floor vote.

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FOR RELEASE:
February 26, 2007

CONTACT:
Assemblywoman Oliver
(201)395-1166
Assemblywoman Greenstein
(609)292-7065
Derek Roseman
(609) 395-9911