New Jersey Statutes 52:4B-10. Persons entitled to compensation; order
Terms Used In New Jersey Statutes 52:4B-10
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
a. to or on behalf of the victim,
b. in the case of the personal, physical, or psychological injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person, or
c. in the case of the death of the victim, to or for the benefit of the dependents of the deceased victim, or any one or more of the dependents.
In determining whether to make an order under this section, the office may consider any facts that provide relevant evidence as to whether the victim contributed to the victim’s injury or death and as to whether the victim’s conduct was the proximate cause of the victim’s injury or death; provided, however, there shall be a presumption that the office will order the payment of compensation. Notwithstanding any other provision of P.L.1971, c.317 (C. 52:4B-1 et seq.) to the contrary, the office is authorized to make a limited award for funeral benefits, mental health counseling, loss of support for dependent children, and attorneys’ fees in any case in which it is determined that the victim’s conduct was the contributing factor to the victim’s death.
An order may be made under this section whether or not any person is prosecuted or convicted of any offense arising out of any act or omission. Upon application made by an appropriate prosecuting authority, the office may suspend proceedings under P.L.1971, c.317 (C. 52:4B-1 et seq.) for the period it deems appropriate on the ground that a prosecution for an offense arising out of the act or omission has been commenced or is imminent.
L.1971, c.317, s.10; amended 2007, c.95, s.12; 2019, c.380, s.4; 2023, c.235.