New Yorkers constantly are surprised when they call my office when a loved one has past away and learn that the avenue of recovery is quite limited in New York. In New York you can only recover against a negligent party for certain items of damage:
1. Funeral Expenses
2. Pecuniary Loss – Loss of Services
3. Lost income only if that person was married or had dependents
4. Pain and Suffering
Therefore, in many cases, particularly those accidents that involve the very young and very old, recovery is limited as those individuals have no dependents and in many cases it is difficult to prove concious pain and suffering.
Recently, in Central New York over the weekend we had four fatal automobile accidents with the most devestating one occurring on Interstate 81 and my heart goes out to the friends and family of the victims.
For more information on this subject matter, please refer to the section on Car and Motorcycle Accidents.