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Wrongful Death Statute: Crying for Change

Has your family has suffered the loss of a child or retired elderly parent who may have died as a result of medical malpractice, a car, bus or other motor vehicle accident; a slip or fall, a school, or nursing home accident caused by the negligence of another? It may be shocking to learn that you cannot sue the responsible party in New York State for your emotional distress at the loss of a loved one. Simply stated, a person who is not employed (child) and is not a wage earner (retiree, house wife or child) often does not have much value under the law in New York.Parents suffer additionally when they learn that parents that the loss of their child is considered to have limited or no economic value.

The law must be changed.On April 20, we traveled to the State Capital in Albany with many other plaintiff’s attorneys from across the state to lobby in an effort to change NY’s draconian Wrongful Death Statute.Several New York State senators were in favor of changes to this 150 year old law but the majority of senators were reluctant to do so because it would cost insurance companies more money if they were forced to pay for survivor’s grief resulting from their insured’s negligence.

Please write to your local senator or assemblyman and express your outrage!Insist that justice cries out for this law be changed.