In a New York wrongful death case, damages are limited to pecuniary loss — what the decedent would have provided to the family had they lived. Sentimental grief and loss of companionship are not recoverable. Understanding what counts as pecuniary is the difference between a recoverable case and a non-recoverable one.
Past lost earnings from the date of injury to death, plus future earning capacity over the decedent’s work-life expectancy. Calculated based on the decedent’s age, occupation, education, work history, and reasonable career trajectory. Economic experts produce the worklife tables.
The economic value of household labor the decedent would have performed: childcare, eldercare, household management, home maintenance. Replacement-cost methodology is used. Gonzalez v. NYCHA framework on apportionment among survivors.
Money the decedent would have given to surviving spouses, children, or parents. Distinct from loss of income — this is the share that would have gone to dependents specifically. Apportioned among survivors based on their dependency relationship.
The amount the decedent would reasonably have accumulated and left to heirs. Available where evidence supports it (long career remaining, demonstrated saving pattern, etc.). Tighter standard of proof than the other categories.
The pecuniary value of the parental guidance, advice, and instruction the decedent would have provided. Available to minor children. Calculated based on the decedent’s involvement, education, and role in the child’s life.
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