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Loss of companionship in a wrongful death case

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When an adult is killed and a wrongful death suit is filed, things like lost wages are often considered, seeing as how the family has potentially lost out on years of income that they were exacting. When a child is killed, though, the case often focuses more on emotional trauma, pain and suffering and the loss of companionship.

This is a tragic time for any parent. Parents never expect to outlive their children, and a child’s death can stick with them, emotionally speaking, for years to come. This is especially true on birthdays, during holidays or during family trips — all times when they thought they would have the child with them, enjoying each other’s companionship. This has been taken away forever, and that impact and change must be considered.

Take, for example, the case of a family who lost a 4-year-old boy when he was hit while crossing the street. The man who hit him then fled the scene of the accident and was later arrested. He got a sentence for just six months behind bars.

While the criminal conviction certainly meant something to the family, what they really lost out on was time with the child. There is a hole in the family’s life that they could never ignore. As a result, the boy’s father decided to start a wrongful death case after the criminal sentence was handed down.

If you have lost a loved one in New York and you’d like to know what you may be entitled to compensation for, please take a look at our page as soon as you get the chance.

Jason Fuiman

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Co-Managing Partner and Chair of O'Dwyer & Bernstien's Labor & Employee Benefits practice, Jason has over twenty years of experience in the New York legal industry.