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Q: What if the person who died was not earning a living, or was retired? Can we still claim economic loss to our family?

A: Unfortunately, the answer in New York is no. The current law does not permit us to claim that the family suffered a financial loss if they were not bringing in an income. What about social security income? Usually it's not a signifciant amount. Considering that most people on social security use their monthly payments for basic necessities such as rent, food, and clothing for themselves. There's usually not much left over, if anything to spend on family members or grandkids.


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