New York has a Wrongful Death Law that is the worst in the country. The law does not recognize the grief and sorrow a family member goes through when their loved one is unexpectedly killed by a negligent party. Technically, the only recoverable “damages” available to compensate the family are the loss of services the deceased person provided. This law is particularly cruel when the wrongful death is to a child or a retired person. That did not stop our lawyers from pursuing a wrongful death case for the mom of a high school student who was killed when he was a passenger in a driver’s education car when the instructor was not paying attention and the fellow student entered an intersection in front of a tractor-trailer. While we were unable to prove any conscious pain and suffering, we were prepared to let a jury determine what loss our client’s mom suffered. Ultimately the insurance companies involved agreed to a total settlement of $1,250,000. While money can never replace a loved one, given New York laws limitations, this was one of the largest recoveries for a wrongful death case of a teenager. The case was handled by Managing Partner Andrew Finkelstein.
Written by Brittney Simon | Last Updated: November 18, 2019