Out-of-date legislation helps insurance companies, not families New York’s current law allows family members of a wrongful death victim to recover only their economic loss and an amount for the victim’s pain and suffering, if any. Therefore, if the victim was elderly and retired or too young to be working yet, there is arguably no economic loss to the victims. Furthermore, if the victim was killed instantly, for example, by a speeding drunk driver, there was arguably no pain and suffering. Thus, under the current law, the father, mother,...
New York’s wrongful death law is unfair and out of touch
New York is one of only a handful of states with a wrongful death statute that does not allow recovery for the suffering caused to family members over the tragic loss of their loved one. Nor does it compensate them for certain other kinds of non-economic damages. In New York, under current law, compensation for the wrongful death of a loved one is largely limited to financial losses rather than emotional ones suffered by the family. Family members can also seek damages for their loved one’s pain and suffering prior to death. For example,...
How New York gets it wrong on wrongful death
The most recent issue of the New York State Trial Lawyers Association’s publication ‘Bill of Particulars’ includes an article by NYSTLA President Michele S. Mirman, Esq. about the deficiencies in New York’s wrongful death laws. New York was actually the first state in the Union to enact a wrongful death statute. The law, passed back in 1847, finally allowed the families of deceased victims a chance to recover for the losses caused by that death. Unfortunately, there hasn’t been much, if any, progress since then. Today, New York is one of...
