Handling Wrongful Death Cases in New York

This program will provide a practical overview of handling death cases in New York, focusing on the critical distinctions between wrongful death and survival actions. Participants will gain a clear understanding of the statutory framework, applicable statutes of limitations, and the elements required to establish each claim, as well as the role of distributees and the structure of damages under the Estates, Powers and Trusts Law. 

The program will also address key litigation considerations, including proving conscious pain and suffering, pre-impact terror, and pecuniary loss, along with the limitations on recovery. Attendees will learn effective strategies for discovery, valuation, and the use of expert witnesses, providing practical guidance for evaluating, prosecuting, or defending death cases from inception through resolution.

This program will cover:

• Overview of wrongful death vs. survival actions and key statutory frameworks 
• Statutes of limitations and essential elements of each claim 
• Identifying distributees and understanding estate distribution 
• Damages analysis: pecuniary loss, conscious pain and suffering, and pre-impact terror 
• Limitations on recovery, including non-compensable damages 
• Discovery strategies and key documents in wrongful death litigation 
• Use of expert witnesses, including medical, economic, and accident reconstruction
• experts 
• Practical considerations for case evaluation and resolution

Speaker:

Andrea M. Alonso, Esq. | Morris Duffy Alonso Faley & Pitcoff | New York, New York

This program is sponsored by The Torts, Insurance and Compensation Law Section, the Trial Lawyers Section, and the Trusts and Estates Law Section