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what is the wrongful death law in new york and how does the wrongful death law work with respect to these lawsuits and claims well in the first instance a wrongful death claim is just like any other personal injury accident because it can happen due to a variety of cases it could happen because of a car accident with a drunk driver any kind of motor vehicle trucking motorcycle bus crash it could happen at a construction site medical malpractice nursing home so because it can happen in a variety of ways a wrongful death claim can arise out of any of these personal injury accidents but the difference is found in the estate powers and trusts law known as the eptl because new york is very restrictive the law is antiquated and very old and it really is a pecuniary loss statute and what that means is they look at the surviving spouse the surviving children and other family members who become the beneficiaries or distributes and what they really strive to do is they look at how the family mem

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