My spouse died in a motor vehicle accident. What kind of damages claim can I make on her behalf?
I am sorry for your loss.
There are two claims you can make on behalf of your spouse’s estate. One claim is for personal injury. The second claim is for pecuniary loss.
The claim for personal injury is the suffering your spouse endured from the time of the accident until the time of death. This claim includes any emotional distress your spouse endured knowing that the injuries were grave.
The pecuniary loss claim is also incapable of exact proof. The amount of the recovery is based on economic damages sustained by the spouse’s distributes. EPTL § 5-4.3. In the case of a spouse (and say one child) the economic loss sustained by the surviving parent and child is computed based on a number of factors.
The Court would consider prospects for advancement and future potential earnings the deceased would contribute to the family. But the court will not just look at salary and benefits of the deceased spouse prior to death, but the loss of a parent or spouse. For example, the Court will also consider intellectual, moral and physical training a parent would give their child.
Under New York law, the Court will not consider sorrow, mental anguish, injury to feelings or loss of companionship. Thus, many times in a wrongful death case, the family will retain an economic expert to offer testimony. The economist will not just quantify salary and benefits over the deceased’s lifetime. The economist will also try to put an economic value to the loss of services of a spouse or a parent. For example, the economist could offer testimony about the cost to hire someone to perform all the services that the deceased would have performed for their spouse or child. A jury would consider all of these factors to determine compensation for the family of the deceased.
By James Santner, Esq.
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