Issues raised in the column, The Need To Identify Distributees in Defending Malpractice Death Cases, NYLJ, March 20, 2023, require further elucidation and clarification to understand the full extent of damages to which an adult child may be entitled following the death of a parent. While we respect the opinions and perspectives of our colleague, we believe these issues must be explored further for accuracy, clarity, and a full interpretation and comprehension of this important issue.
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Assessment and calculation of wrongful death damages to distributees is nuanced, fact specific, and not always as simple as it might appear on first examination. This is especially true when considering the damages recoverable for services provided by decedent to an adult distributee and his/her children.
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