Parents,
spouses
and
children
are
eligible
to file
a claim,
although
minors
may need
an adult
guardian
to bring
a
lawsuit.
In some
cases,
other
family
members
or legal
dependents
may also
have the
right to
file a
wrongful
death
claim.
Can I
receive
compensation
for my
emotional
distress
following
the
wrongful
death of
a
relative?
Unfortunately,
the law
in New
York
does not
permit a
person
to
recover
for the
emotional
injury
suffered
from the
death of
a loved
one.
There
can,
however,
be
recovery
for the
pain and
suffering
the
deceased
endured
before
his or
her
death,
as well
as
damages
for
economic
loss.
Recovery
for
"economic"
losses
is not
limited
to lost
earnings.
For
example,
loss of
parental
guidance
and
other
services
that had
been
provided
by the
decedent
have an
"economic"
value
that is
compensable.
It is
important
that
your
attorney
be
skillful
in
developing
all
aspects
of
recoverable
losses,
especially
in light
of New
York's
restriction
against
allowing
compensation
for
emotional
distress.1
Caveat
New York
state
does
permit
recovery
in
special
situations
whereby
a family
member
witnesses
the
serious
injury
or death
of a
loved
one. In
such
cases,
the
family
member
who was
within
the
"zone of
danger"
at the
time of
the
accident
may be
able to
recover
damages
for
emotional
distress.
Medical
Malpractice
Personal
Injury
Automobile
Accidents
Wrongful
Death
