The operator of the other vehicle claimed he had right of way and that the deceased failed to stop at a stop sign. However, an independent witness testified that:
1) She was behind the deceased’s vehicle
2) She witnessed the deceased stop at the stop sign for several seconds
3) The other vehicle was being operated at an excessive rate of speed
The insurance company offered $300,000 to settle the case during trial, but the offer was declined. The jury then awarded our client $600,000. Note: New York wrongful death laws do not permit the family members to be compensated for emotional damages and limit damages in death cases to the economic loss suffered by the estate of the deceased.