Legal Analysts

Showing posts with label emotional distress. Show all posts
Showing posts with label emotional distress. Show all posts

Friday, June 03, 2022

Wrongful Death Victim's Families Will Soon be able to Recover for Mental Anguish in NYS

Both Houses of the NYS Congress have passed A06770, which will permit families (including non-married couples) of wrongful death victims to recover compensation for emotional anguish immediately on their lawsuits, even on pending cases, once it is signed by the Governor. 

This is a game changer for victim's families because current law in NYS, which is 170 years old, is very limited where only economical losses (pecuniary loss) is currently recoverable. 

With this change, attributes of our family members that we most value - emotional support, love, companionship, advice and guidance - will count and be part of how a loss is compensated in the court system.

It will no longer be cheaper to kill someone than to seriously injure them in our State. We need this signed immediately by the Governor. 


Thursday, August 13, 2020

HIV Patients Have Right to Cosmetic Surgery

The Federal Courts, in the Southern District of New York, awarded $125,000 to each individual who was denied cosmetic surgery due to their HIV-Positive status in interesting discrimination case. 

The case was brought under Title III of the Americans with Disabilities Act of 1990 (ADA) and the New York City Human Rights Law.

The penalty was based upon the HIV-Positive individuals' traumatic experiences, resulting in significant feelings of humiliation, shock, and worthlessness, as well as anxiety, stress, sleeplessness, and feelings of stigma and humiliation.

Again, $125,000 was awarded to each victim of discrimination who experienced emotional distress.

What do you think the award should have been?

  1. Nothing
  2. $20,000
  3. $125,000
  4. $1,000,000