Can I be compensated for my emotional distress caused by the death of my loved one?

Updated March 13, 2023.

Unfortunately, the law in New York does not permit recovery for emotional injury except in special circumstances where an immediate family member witnesses a serious injury or death. There can be recovery for pain and suffering your loved one endured before death, as well as damages for economic loss to his or her family or dependents. Economic losses include lost earnings and other services provided by your loved one that have an “economic value” such as yardwork, household chores and even parental guidance.


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