David Perecman, a prominent personal injury accident attorney in New York, brings to light the unfortunate circumstances as a result of an auto accident that left two children dead in Chinatown on the 22nd of January.
The fact is, this accident may leave the children’s parents to suffer without adequate restitution due to antiquated wrongful death laws in New York. The team of personal injury and vehicle accident lawyers from the Perecman Firm, are trying to fight the current laws that don’t compensate the families of victims of wrongful death in New York except in certain circumstances.
According to the NY Times, an unoccupied van that had been left in reverse mounted a sidewalk and rammed into a group of preschool students in Chinatown killing two of the children and injuring at least 11 other people. 4 year old Hayley Ng of Chinatown passed away at the scene, while 3 year old, Diego Martinez lost his life at New York Downtown Hospital.
This tragic accident left many people mourning instead of celebrating the Chinese New Year. “New York’s wrongful death laws only allow for compensation to the family for “pecuniary loss”, that is financial loss. What this means is that since the children did not earn income or support anyone with that income there is no “pecuniary loss,” said David Perecman, leading accident attorney in New York and founder of The Perecman Firm, PLLC.
“Unfortunately, business interests and insurance companies have thwarted the efforts to change this law to date. I personally have met with legislators year after year and speak with them about the proposed change. No one ever will tell you they think the change is wrong, but somehow it never happens.” Until the laws in New York are changed, parents cannot sue for loss of love and affection, nor the pain and suffering they experience when their child is a victim of wrongful death. The New York State Trial Lawyers Association seeks legislation to remedy this situation.