In New York, when a person dies due to another party’s wrongful actions, the law provides for two distinct types of legal claims: (1) a wrongful death claim and (2) a conscious pain and suffering claim, also known as a survivor’s or survivorship claim. These two claims each seek wholly different damages. Both the wrongful death and the conscious pain and suffering claims are brought by the administrator of the estate or executor of the Will, and for both claims you must prove that the death was caused by another party’s negligence, recklessness, or intentional wrongful act. But here is how they differ:
Wrongful Death Claim
The Statute of Limitations: It is usually (but not always!) two years from the date of death.
The post SYRACUSE NY INJURY LAWYER SUMMARIZES WRONGFUL DEATH AND CONSCIOUS PAIN AND SUFFERING LAW IN NEW YORK appeared first on Central New York Injury Lawyer Blog.