Claims involving an allegation that a defendant’s acts or omissions resulted in the wrongful death of another individual are given special treatment by New York law. Despite a wrongful death claim’s similarity to a negligence cause of action, the elements of the claim, statute of limitations, evidentiary rules and recoverable damages all differ from the rules governing negligence claims.
This article will examine the peculiarities of wrongful death causes of action as compared with other personal injury actions, and will examine recent developments in wrongful death cases in light of contemporary issues facing New Yorkers.
Evidentiary Considerations
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