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What is "Loss of Parental Guidance" in a Wrongful Death Lawsuit in New York?

Posted by attorney Gerald Oginski

In a wrongful death lawsuit in New York, there are a number of different claims that can be brought. The most obvious one is a claim for pain and suffering from the time of the wrongdoing until the time the person's death.

There are economic claims which would be for lost earnings and wages as well as medical bills, funeral expenses and similar actual expenses incurred.

Another important claim is what is known as loss of parental guidance. When a parent dies and leaves surviving children, the kids have a right to claim that because of the parent's death they now have lost the support, guidance and moral compass that they ordinarily would have had, had their parent lived.

You might think this claim applies only to small children. It does not. In fact, adult children are permitted to include a claim for loss of parental guidance as well in a wrongful death lawsuit arising out of an accident, negligence or medical malpractice here in New York.

Watch the video to learn more.

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