New York City, New York (NewYorkInjuryNews.com) — Discussions with parents in connection with a claim for damages because of the death of a child are always heartbreaking. You would think that there would be no limit on the amount of damages parents should be entitled to receive in this case because of all the grieving and emotional distress. That is a common response, but it would be wrong.
The measure of damages has been determined by our legislature to be what is called “pecuniary loss” – that is, the economic loss to the decedent’s next of kin based on the contributions the decedent made while he or she was alive. It is difficult to demonstrate that for an infant since it is usually the parent who is supporting the child. The larger damage awards in death cases typically results when a young wage earner with a young wife and children is killed. We always hire an economist who provides an economic projection for us based on what the worker was earning and could have expected to earn in the future. If the worker is in his late 20’s or early 30’s and has substantial wage increases and benefits that can result in a large projection of damages.
The death of a single person or a housewife should not be minimized. If their income was limited or non-existent but they were providing services for someone, an attorney should then have an expert economist place an economic value on those services. For example, consider all the wonderful and important tasks a wife/ mother has to do: chauffeuring, cleaning, shopping, cooking, gardening, and above all providing advice and guidance for the family.
All of this relates to the “death” part of the case. It has nothing to do with the circumstances where an individual survives for some period of time before dying. This is called “conscious pain and suffering”, which, depending on the duration and severity can be significant. Damages are valued in the same way that a jury values pain and suffering damages – by applying their evidence and common sense. These are damages pass through one’s estate either by will or where there is none as provided for by our estate’s law. They pass to people who may not necessarily have been dependent on a decedent but nevertheless are the beneficiary of an estate.
For questions related to personal injury or wrongful death cases, fill the form below and our team of New York City Personal Injury attorneys will address your situation in the next news post.
