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Are New York wrongful death laws antiquated?

On Behalf of | Jun 18, 2021 | Wrongful Death |

If a New York resident suffers the loss of an immediate family member due to the negligence or reckless behavior of another person, he or she may seek justice in a civil court on the decedent’s behalf. By filing a wrongful death claim, grieving family members are often able to receive court-ordered compensation to help cover funeral expenses and to provide restitution for documented monetary damages. In the past, however, a domestic partner of a decedent was excluded from eligibility to file such a claim.

A bill has been introduced to change that

A young woman who had been living in a home she purchased with her fiance told how devastated she was when her partner was killed in a motorcycle collision. The crash was caused by another driver who failed to yield a right of way to her fiance on the roadway. The woman’s grief was intensified when she learned that, because of a pre-Civil War law on the books, she was not able to file a wrongful death claim on her loved one’s behalf. Those who are currently facing similar circumstances may be glad to know that lawmakers have introduced a bill to update the old law so that domestic partners, grand-parents and others may be listed as plaintiffs in a wrongful death claim.

Not everyone is pleased with the bill

There have been a few naysayers regarding the bill. Some say health care providers will be the ones to suffer if eligibility to file such claims is expanded to domestic partners and others. In order for a bill to become a law, it must pass through several committees and sub-committees, as well as voting in both the House and Senate chambers.

Support is available for those who have a lost a loved one

Learning that a family member has died is a sorrowful event. Family members may feel frustrated and angry if the death was caused by another person’s negligence. Sadly, many families are hit with medical bills, funeral expenses and other financial strain that merely adds salt to their wounds as they try to cope with their loss and move on in life. An experienced personal injury law attorney can determine whether there are grounds for filing a wrongful death claim to seek compensation for damages.