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New York Lawmakers Seek to Compensate Emotional Loss by Overhauling Wrongful Death Statute

Wrongful death claimsLawmakers in New York are seeking to expand the state’s wrongful death statute to allow compensation for things such as grief or loss of love and companionship in the year’s legislative session. Currently, New York laws only allow individuals to seek compensation based on the amount of potential income lost from the death of their loved one. This can, and often does, place limits on litigation of wrongful death claims.

Wrongful death victims can also seek damages for pain and suffering, but this new legislation allows lawmakers to expand the list of compensable factors to include other items that juries cannot currently consider when evaluating compensation.

In short, if the new legislation passes, it would allow wrongful death victims to seek compensation for love, society, protection comfort, companionship and consortium resulting from the death of their loved one. The new law would also provide damages for grief, anguish or emotional loss caused by the death. These damages would be in addition to any pecuniary damages that would result from the death, such as loss of potential income, support or diminishment of inheritance.

The new legislation is sponsored by Assemblywoman Helene Weinstein, D-Brooklyn, and state Senator Brad Hoylman, D-Manhattan, who chairs the Senate Judiciary Committee.

The law is currently in the Codes Committee in the State Assembly and the Judiciary Committee in the state Senate. The bill has been floated for more than two decades. Lawmakers are making another go at it this year. This year’s legislative session runs through early June.

Contact Our New York Wrongful Death Attorneys

If you have lost a loved one in an accident caused by the wrongful actions of another party, you need to immediately contact an experienced New York City wrongful death attorney to protect your legal rights and get you the full compensation that you deserve. For more information or to consult with an experienced New York City accident attorney, please call Gersowitz Libo & Korek, P.C. at 1-212-385-4410.

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A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
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I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
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