Read more on how to make the Grieving Families Act happen here.

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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, son or daughter of a cherished family member who is tragically killed by the negligence of another, may be entitled to absolutely no damages, zero, nada.  Insurance companies benefit from and are fighting to keep this patently unfair system in place.

The Grieving Families Act – Senate Bill S74A – is based on the equality of humankind. This legislative effort proposes adding the right to seek compensation for the emotional loss of companionship, love and support, all of which cost nothing but are worth everything to loved ones.

Updated wrongful death statutes are already at work in 41 other states. New York is one of the few which has yet to include damages for emotional loss associated with grief.

Make a difference – support legislation change

Write your Senator and Assemblymember to request their support of the Grieving Families Act. Communicating your stance on amending wrongful death laws may help bring the New York statutes up to date, creating a more compassionate legal system for every family.

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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, maybe someone survived the immediate aftermath of an accident but eventually succumbed to their injuries.  Their estate can then seek damages for any conscious pain they can prove was experienced prior to death.

Perhaps the most tragic illustration of how unjust the current law is when you have the death of a minor child caused by the negligence of another, such as a drunk driver.  Assuming the child was killed instantly, there would be no conscious pain and suffering and since they were not employed and supporting anyone, there would technically be no economic loss.  Thus, under a strict interpretation of current New York Law, for the most grievous suffering and loss a parent could ever have, they would be entitled to nothing, and the defendant would have no civil responsibility.  Not only is this utterly unfair to the parents, but it is also terrible public policy, because it works contrary to fundamental social goals of safety and accountability.

Only New York’s state government can change the law to bring New York in line with most other states and recognize the full range of losses for a family when a loved one is killed.  If you have lost a family member due to someone else’s negligence, you know that only considering their pain and what they contributed economically doesn’t begin to address the enormity of the loss.  Let your state representatives know that this illogical and unfair law needs to be changed.

The post New York’s Wrongful Death Law Is Unfair and Out of Touch appeared first on Campbell & Associates.

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 only six states that limits recovery for wrongful death to pecuniary injuries (i.e., economic loss) and the victim’s conscious pain and suffering.  The loss and anguish experienced by survivors is not compensable under New York’s laws.

This means that huge swathes of the population, including children, stay-at-home parents, and the elderly – basically anyone who isn’t actively earning money – just are not as important under the state’s current wrongful death laws.  The worst tragedy imaginable would be to lose a child due to someone else’s negligent or reckless conduct.  But under the current draconian law, the parents of such a child would have no right to make a claim for their immeasurable suffering.

Please contact the Governor’s office (1-518-474-8390) and your state representatives to let them know that you agree that the current law is unfair and should be changed.  If you have questions concerning this or other personal injury matters, you can always call Campbell & Associates at [nap_phone id=”LOCAL-REGULAR-NUMBER-Eden”], or send an email to info@campbellassociateslaw.com.

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