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The New York wrongful death statute severely restricts the right of the family to recover when a loved one has died as a result of the negligence of another party. The statute applies whether the deceased perished in an automobile accident, construction accident, slip and fall or as a result of medical malpractice. The main issue presented in the case is whether the deceased has any dependents. If the deceased has dependents and was responsible for supporting those dependents you may recover lost earnings and loss of consortium. The difficulty arises where the deceased has no children and is not married. In this situation there is a very limited right to recovery as you cannot recover lost earnings. This is true even if the deceased was living with someone as he/she was not married. In New York you cannot recover for mental anguish which in my opinion is unexplainable. Other states are atttempting to address the unfairness of the statute.

New York has not yet deemed it necessary to address the wrongful death statute. If you have a loved one that has passed as a result of an accident it is important that you know your legal rights. Stanley Law Offices has been handling these cases for decades and will thoroughly explain the statute and your right to recovery.

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