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...

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