Future-Pain Award Survives Beneficiary’s Sudden Death

Posted on Saturday 22 September 2007

The estate of a woman who died the day after a New York judge awarded her $150,000 for future pain and suffering is still entitled to the award, her curtailed future notwithstanding, an appellate panel has ruled. “Moreover, under the circumstances of this personal injury action involving an elderly woman, where the defendant caused significant delays, this court’s interest in justice lies in affirming the judgment,” Justice William E. McCarthy wrote for the unanimous Appellate Division, 2nd Department.


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