Are there any special considerations in plane crash cases that involve wrongful death?

Yes, there are special considerations in plane crash cases that involve wrongful death in New York. The most important factor to consider is negligence. In New York, a wrongful death claim may arise when negligence or other wrongdoing by an individual or entity directly causes the death of another person. There are also certain individuals who may not be able to sue for wrongful death. For example, in cases where the deceased was an air crew member, their family may not be able to file a wrongful death lawsuit against the airline or other responsible entities if the deceased was a “special employee.” In addition, New York has special rules for cases involving family members of victims of plane crashes. Generally, a spouse, parent, or sibling of a deceased plane crash victim can recover damages for wrongful death, including loss of wages, medical costs, burial costs, and emotional distress. Finally, a person bringing a wrongful death action has the burden of proof to show that the deceased’s death was caused by the negligence or other wrongful acts of an individual or entity. This means that the plaintiff must be able to demonstrate that the defendant’s actions substantially contributed to the death of the deceased. If the plaintiff is able to prove their case, they may be awarded damages to cover the costs associated with the fatal injury.

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