New York State Wrongful Death Law is unhelpful to a man who lost his two children. The law must change to provide better compensation for damages in these cases.
New York City, New York – It was a normal afternoon when a babysitter was walking two children in a stroller. The children’s father, on his cellular phone, followed in the rear. The babysitter was crossing the intersection, with the crosswalk sign indicating it was her turn to walk, when a construction company’s dump truck ran the red light. Immediately upon impact, the woman and two children were killing. The father witnessed the entire incident. The agony, pain and suffering he endured was excruciating. This event could hardly be called an ‘accident.’ It was a direct act of negligence on the part of the truck driver and definitely a case in which a wrongful death lawsuit must be filed.
The husband of the babysitter did indeed file suit and was remunerated for the earnings and benefits his wife would have been paid in her lifetime. Once the father contacted his attorney, he discovered that the 1847 New York State Wrongful Death Law states that he can only recover his economic or financial losses caused by the death of his children, which in this case, was nothing. His children were merely infants and therefore provided no economic gain to him. The man had no right of recovery after an episode so inhumane as this. It seems wholly unfair that just because his children were not generating any income, he automatically does not receive anything. How can there be no compensation granted to a man who so unjustly had his two babies literally taken away in front of his eyes? The answer is simple but frustrating. The Wrongful Death law has not been amended since it was formed. Many lawyers are currently pushing for this law to be changed in order to provide some recompense to the victims. The burden rests on the back of the state legislature to correct this unfair situation. Unfortunately, it has yet to be done.
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