Picture the following horrifying scenario: you're a parent and your young teenage son or daughter is out with some friends one night. At 3 a.m. you get a call from the local police: there was a horrible accident and your child died. No one was drunk or on drugs -- it was just a horrible accident. To say you're distraught is an understatement. If you can catch your breath long enough to cry you do, but more likely you feel like your world is collapsing. Months later when you finally gather the strength to call a lawyer your anger is just beginning; but most of all you want compensation for the devastating loss you've suffered. And shouldn't you be entitled to compensation for the emotional ordeal you've been through -- and will go through for months, years, even decades? Not in New York or New Jersey you're not.
You probably didn't even realize it happened, or that it was even an issue. But back in January Governor Jon Corzine of New Jersey told New Jersey families what he thinks about their right to be compensated for their mental anguish for loss of a loved one resulting from another's negligence. His opinion? Their lives are worthless. At least that's what can be inferred from his pocket veto of a bill passed by both houses of the New Jersey legislature that would have expanded New Jersey's wrongful death law to permit families to recover for mental anguish and emotional pain and suffering resulting from such a loss.
New York's and New Jersey's laws regarding compensation for loss of a loved one are very similar. The simple version is this: damages for loss of economic support are recoverable, but damages for emotional anguish -- the palpable, devastating heartbreak of losing a loved one -- are not. Governor Corzine could have changed that for New Jersey families but failed. The Governor's reason? "I do not believe that this bill in its current form strikes a fair balance that would avoid using a strict monetary valuation of a person's life while also addressing the adverse effect of allowing unlimited and unpredictable damages." In other words, the Governor is more concerned with protecting New Jersey businesses and municipalities than he is with protecting families.
Governor Corzine did add that he would consider a revised version of the bill that contains certain restrictions, such as allowing courts to reduce excessive awards. This is simply more political doublespeak. Trial Judges and appellate courts routinely reduce excessive awards; there is no need for special legislation to give Judges such power.
The bottome line: next time Governor Corzine says he's concerned with New Jersey families remember this veto.
Outraged? Go to http://www.nj.gov/governor/ and write to Governor Corzine. Click on "Contact the Governor" and follow the instructions to send an email on current issues.
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