By Joseph D. Monaco, III, Esq.

The “value” of a loved one should not be measured by that person’s salary.  Our antiquated laws force our Judges to explain to jurors that the loss of a parent is essentially measured by their net income.  That a basically absentee father who happens to have a seven figure salary is more important to his children than a single mother struggling to make ends meet but still finding time to volunteer at school, cheer at every soccer game and sit down every night to help with homework before putting her children to bed for the night.  

I challenge you to think back to your own childhood and ask if you can remember what your dad got you for your 7th birthday or if you can remember that feeling of pride when you ran out to the baseball field and you heard your parents cheering your name from the sideline.  Do you remember how much money your parents made or the hot summer nights when you piled into the station wagon to go get ice cream?  I remember my own father teaching me how to change the oil on our car, how to ride a bike, and how to always remember to tell the important people in your life that you love them unconditionally.  My parents raised three kids on a police officer’s salary.  We never had a new car or took a vacation anywhere we could not drive to – but I still think I turned out “OK”.  There are so many free life lessons that I learned from my parents.   I never missed a dance recital or a soccer game, but most important was always letting my family know that I love them unconditionally.

The point is simple: if I were to leave this earth, the financial impact to my family would be significant.  However, I hope that my own value to them is more than my paycheck.   I hope that I have added more to their lives than money and that they would miss my guidance and love.  

The current laws force attorneys representing the family who lost a loved one to dance around the issue that we all know if at the front of mind for every juror – namely what did this person mean to this family.  Modernizing our laws would allow the family to present testimony and other evidence to allow the jury to properly evaluate the case.  There will be some cases with substantial verdicts and some with diminished verdicts, but that will depend on the evidence of the person’s real worth and not a net income.

Joseph D. Monaco, III has been a personal injury attorney for more than 26 years and has offices located in New Jersey and New York. He can be reached at jmonaco@monaco-law.com or 201-210-8546.