2 terms

SJ Tort Wrongful Death Actions, and Survival Actions

Wrongful Death and Survival Actions
RULE for Recovery Wrongful Death Action in NY
In New York, Where a victim has died, pecuniary and punitive damages are recoverable by anyone who brings suit and it recognized as a distributtee under New York State statute.

Designed to give immed fam member recovery after death. Distributees ca recover their own expenses, funeral expenses, medical expense. No pain and sufering damages are recoverable in NY.
RULE for Survival Action in NY
In New York, where the plaintiff has died, personal rep can bring suit on plaintiff's behalf. Can recover compensatory damages (pecuniary and non-pecuniary) and punitive damages (but no PD if recovered under a WDA)