Thursday, April 30, 2020

8.30C DAMAGES — LOSS OF CHILD'S SERVICES AND EARNINGS


8.30             DAMAGES — PER QUOD
          C.      Loss of Child's Services and Earnings
                    (Approved 2/96)

          Parents are entitled to the services of their infant child, in the performance of household chores and to the child's earnings, until the child reaches the age of majority or is emancipated (for example, married) whichever is later. 
          After a child reaches majority or is emancipated, the right to loss of earnings belongs solely to the emancipated child; however the law recognizes that a child, after the age of majority, may perform services for the parents, may provide valuable companionship and care as the parents get older, and may make monetary contributions to the parents.
          Parents who are awarded a verdict are entitled to fair and reasonable compensation for any loss or decrease of the child's earnings, services, companionship or contributions before the child reaches majority, and any loss or impairment of their child's services because of injuries sustained as a result of the defendant's negligence (or other wrongdoing).
Cases:

Davis v. Eliz. Gen. Med. Ctr., 228 N.J. Super. 17 (Law Div. 1988); Mathias v. Luke, 37 N.J. Super. 241 (App. Div. 1955); cf: Brennan v. Biber, 93 N.J. Super. 351, aff'd o.b. 99 N.J. Super.247 (App. Div. 1966); Simmel v. N.J. Coop. Co., 28 N.J. 1 (1958).

For discussion of the pecuniary loss to a parent of an adult child see, Green v. Bittner, 85 N.J. 1 (1980).

For reduction of damages see, Tichenor v. Santillo, 218 N.J. Super. 165, 174 (App. Div. 1987).


Source: https://njcourts.gov/attorneys/civilcharges.html

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