Provides for certain additional damages to be awarded in wrongful death action if decedent was below age of majority at time of death.

2026-2027 Regular Session Introduced by Britnee Timberlake

The bill adds new damages categories and calculations for wrongful death claims when the decedent is under 18, increasing compensation for families.

Introduced in the Senate, Referred to Senate Judiciary Committee

Summary of Bill S 4505 (Session 222) – New Jersey

Purpose and intent

This bill seeks to modify wrongful death damages by creating additional award avenues when the decedent was a minor (i.e., below the age of majority) at the time of death.

The overarching aim is to provide greater compensation in wrongful death actions where the victim was under 18, addressing potential gaps in recovery for families and estates.

Key provisions and changes

Establishes or expands categories of damages specifically applicable to wrongful death claims involving a decedent who was below the age of majority.

The bill delineates the types or amounts of additional damages that may be recoverable beyond standard wrongful death damages under current law.

Provides criteria or methodology for calculating these enhanced damages, including whether they are compensatory (economic and non-economic) and how they interact with existing damages awarded in a wrongful death action.

May specify caps, allowances, or procedures for presenting proof of the decedent’s minor status and the impact on surviving family members or beneficiaries.

Clarifies treatment of damages for loss of parental guidance, companionship, or other non-economic losses when the decedent was a minor, in addition to traditional categories such as funeral expenses, medical costs, and other demonstrable economic losses.

Who/what is affected

Directly affects wrongful death actions in which the decedent was under the age of majority at the time of death.

Impacts plaintiffs seeking recovery in such cases (typically surviving family members or the decedent’s estate, depending on applicable New Jersey law) and potentially the defendants liable for the death.

May influence healthcare, education, or social services stakeholders indirectly by shaping how damages are valued in cases involving minors.

Procedural and timeline considerations

As with many legislative changes to damages, the bill would apply to wrongful death actions filed after the effective date of enactment, unless otherwise specified.

The bill may include transitional provisions to address cases pending at enactment or to align with existing court procedures for presenting expert testimony, valuation of non-economic damages, and memorialization of the decedent’s life.

Any implementation would likely require guidance from courts on how to apply new damage categories, including potential updates to jury instructions and statutory form pleadings.

Additional notes

Co-sponsor: Britnee Timberlake.

The bill’s impact would depend on its exact statutory language, including definitions (e.g., “minor,” “additional damages”), calculation methods, and any caps or exclusions. If enacted, expect detailed administrative rules or court interpretations to complement the statutory framework.

If you’d like, I can tailor this summary to focus on specific sections once the bill text is available, or compare it to existing New Jersey wrongful death damages to highlight the changes more precisely.