This is a very sad case wherein our client was travelling in upstate New York when her car was rear ended by a tractor trailer which failed to stop in traffic. Under New York’s archaic Wrongful Death statute, the Estate could only recover for conscious pain and suffering and loss of the deceased’s monetary value to her family. Through the use of a Pathologist and Reconstruction expert, Mr. Greenberg was able to establish conscious pain and suffering measured in seconds. The Deceased was heard by a relative who was in the same vehicle but not seriously physically injured saying “help me, help me, please help me”. That established Conscious Pain and Suffering and after two mediations, on the eve of trial the case settled for $7 million dollars. Significantly, the owner of the vehicle had to pay $1.5 Million towards the settlement from personal funds! This case is an example of why New York should pass the Grieving Families Act! Please call Addabbo & Greenberg if you or a family member have suffered severe injuries.
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718-268-0400118-21 Queens Boulevard Suite 306
Forest Hills, NY 11375-7209
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Woodbury, NY 11797
