The following excerpt is from Jackson's Estate, In re, 335 N.Y.S.2d 587, 71 Misc.2d 133 (N.Y. Surr. Ct. 1972):
For, when these wrongful death provisions were amended, as discussed, no 'double' recovery of such expenses was possible for the reason that no survival action for personal injury was then permitted. The cause for personal injury and pain and suffering died with the decedent. There was at that period only the wrongful death action for damages suffered by the distributee beneficiaries. There was no remedy or opportunity to recover the complete loss sustained. (Holmes v. City of New York, 269 App.Div. 95, 98, 54 N.Y.S.2d 289, 293, affd. 295 N.Y. 615, 64 N.E.2d 449.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.