When a Buffalo resident is awarded a large amount of compensation after having suffered severe injuries, the payment of this compensation may be broken up into periodic installments. How long these periodic payments for future damages are to continue varies depending on the nature of the injuries, the age and health of the injured person, and other factors specific to the case.
When a person who is still receiving period payments passes away, New York State law sets forth specific provisions regarding how the remaining damages are to be handled. First, the liability for payment of any installments for medical, dental or other costs of health care or non-economic loss not yet paid terminates upon the death of person who was injured. As a result, no additional funds allocated to these categories need to be paid by the defendant.
Second, any remaining periodic payments allocated to loss of future earnings are not terminated or reduced upon the death of the injured party. Instead, they are to be paid to persons to whom the injured party owed a duty of support immediately prior to death. These payments are to continue for the remainder of the original period or until such duty of support ceases to exist, whichever occurs first. If the injured person did not owe a duty of support to anyone, the payments are considered a part of his or her estate.
If you have suffered a personal injury and have any questions regarding this topic, please feel free to call my office at 716-542-5444.
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