This case involved a “Zone of Danger” claim for a mother who saw her son cross within the crosswalk and get hit by a truck. Tragically, the boy died within seconds without any signs of life and therefore, under NY State law, minimal damages were available for his pain and suffering. However, the mother had a claim for being within the Zone of Danger which we were able to receive a settlement for.
New York’s Zone of Danger rule allows an individual threatened with bodily harm due to the defendant’s negligence to recover compensation for emotional distress resulting from witnessing the death or serious injury of that individual’s immediate family member.
Senior partner E. David Woycik Jr, attorney Matt Kittrell, and paralegal Katie Ramos secured the $1.5 million settlement.
