Wrongful Death

What is Supplemental Spousal Liability Coverage in NY?

by William Mattar | July 12th, 2022

After a motor vehicle accident on New York roads an experienced personal injury attorney can identify potentially liable parties and ensure all relevant insurance companies are put on notice. All vehicles registered in New York must carry certain insurance coverages, and an insurance company that receives insurance premiums from the insured is contractually required to […]

When Does New York’s Wrongful Death Law Change?

by William Mattar | July 8th, 2022

New York is poised to revise its antiquated wrongful death law, which for over 170 years has limited recovery to “pecuniary injuries,” disallowing any recovery for emotional losses experienced by surviving close family members. “Pecuniary injuries” include economic losses, such as lost wages, but does not include emotional damages, such as grief or anguish. The […]

What is “Pecuniary Loss” and How Do You Prove it in a Wrongful Death Lawsuit?

by William Mattar | June 19th, 2022

At the time of this writing, New York’s wrongful death law, contained in the Estates, Powers & Trusts Law at Section 5-4.3, provides (with emphasis added) that: The damages awarded to the plaintiff may be such sum as the jury or, where issues of fact are tried without a jury, the court or referee deems […]

How Do You File a Wrongful Death Lawsuit in New York?

by William Mattar | June 18th, 2022

New York was the first state in the United States to enact a wrongful death statute. The law, passed in 1847, remains virtually unchanged today, allowing family members to receive compensation only for pecuniary, or money-related, losses caused by the wrongful death. Grieving Families Act Fortunately, the New York Legislature has voted to pass the […]

Can You Be Compensated for Sadness After the Wrongful Death of a Family Member in New York?

by William Mattar | June 16th, 2022

The death of a family member can cause profound shock and confusion, particularly when the death was wrongfully caused by the negligence or wrongdoing of another. Nothing can bring a family member back after a wrongful death on New York roads. Surviving close family members must find the strength to move on without the presence […]

Can You Be Compensated for Grief in a Wrongful Death Case in New York?

by William Mattar | June 15th, 2022

The death of a family member is one of the most challenging things anyone can face. While everybody reacts somewhat differently, the grieving process can be long and complicated. It is hard to come to terms with the loss, especially when the loss was “wrongful,” resulting from the negligent actions of another. New York’s wrongful […]

Who Can File a Wrongful Death Lawsuit in New York?  

by William Mattar | June 9th, 2022

The New York State Governor is considering whether to sign into law the “Grieving Families Act,” which would drastically overhaul New York’s wrongful death statute and allow families of wrongful death victims to recover compensation for their emotional anguish. Both the New York assembly and senate have voted to pass the Act. Now it is […]

The “Grieving Families Act”: Changing New York’s Wrongful Death Law

by William Mattar | June 8th, 2022

The New York State legislature has passed the “Grieving Families Act”, and the Governor of New York will now decide whether to sign or veto the important piece of legislation which, among other things, would broaden the categories of damages that can be recovered in a New York wrongful death claim, and the class or […]