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Can family members recover for time they've been out of work while caring for a family member before they died?

 

A: The short answer is no. The longer answer is maybe. If it was a spouse, (husband or wife) who cared for their significant other while alive, then we can bring a claim for loss of services for that limited time period. If the family had to hire and pay someone to do household chores; cook, clean, wash, etc., then we can try and claim those expenses as well. However, where other family members took days or weeks off from work to help out with family tasks, the law does not really permit us to recover those lost wages. NOR DOES THE LAW PERMIT US TO SEEK EMOTIONAL DAMAGES FOR THE FAMILY'S LOSS OF THEIR LOVED ONE. This is the most tragic part of such a claim. The family has been devastated and they cannot recover compensation for their emotional suffering from the death of their loved one. If you want to change this law, write to your congressman and senator. This is the only way this will be changed.


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The material on this website is for informational purposes only. Mr. Oginski practices law exclusively in the State of New York. We do not practice law in any other State. Please do not send any written materials to this office until you have spoken and/or communicated with us. We cannot consider you a client until such time as we have consulted with you, and met with you personally. Since all cases are different and legal authority can and does change, it is important to remember that prior results cannot and do not guarantee similar outcomes with respect to any future matter in which any lawyer or law firm may be retained. To the extent that this website discusses past cases the firm has handled, or in any way mentions the firm or its services, New York courts may deem this to be attorney advertising.

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