New York City Personal Injury Law Blog

Wrongful Death Laws in New York are Cruel and Unfair: How NY Courts Value the Death of a Child

Posted on Aug 21, 2015 in Wrongful Death

The tragic loss of a child gets no dignity or monetary damages under New York State’s outdated wrongful death statute. Parents who suffer the tragic loss of a child due to the negligence of another and try to bring a claim for damages are generally shocked at what they are told by their attorneys.

Damages in New York State for the wrongful death of a child are based on an outdated law that values the life of a child based on the financial loss to the parents or next of kin. Since there are almost no financial damages to the parents stemming from the loss of a child, these lawsuits are routinely settled for peanuts when compared to the emotional loss, sorrow and trauma suffered by the family. Unfortunately, the laws in New York for the death of a child allow nothing, zero, nada, for the emotional loss to the family.

How Rosenberg, Minc, Falkoff & Wolff Can Help You With Your Case

The best thing you can do if you have suffered the loss of a child is to hire experienced New York City wrongful death lawyers who will hire experts and employ other techniques to get around these awful unfair laws and distinguish your case from established legal precedent.

Our law firm has done this hundreds of times for New York City families. It is a tough fight and the attorney you hire should be prepared to present the right kind of evidence that will make your case more valuable.

Until the New York State laws are changed with regard to the loss of a child and the child’s value, there will be a lot of negligent parties literally getting away with murder. The situation has to be changed — but only the New York State Legislature is empowered to change this unfair law that the public knows little about but personal injury attorneys know all too well. Other states are different. They permit damages for emotional loss.

For some reason, New York State is stuck in the feudal times and strictly values the wrongful death of a child by the financial loss to the estate — for which there really isn’t any.

If you have suffered the loss of a child in New York City or elsewhere in the state of New York, you do not have to go it alone. Let one of the skilled wrongful death attorneys with Rosenberg, Minc, Falkoff & Wolff help you and your loved ones deal with this tragedy as we work to obtain the justice you deserve.

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I Chose The Right Attorney - “Attentive, Professional and Know About the Law…”

I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results.

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