In a wrongful death action for personal injury and pain and suffering incurred by the beneficiaries of the deceased, is there a right to double recovery of the expenses incurred in the absence of a survival action?

"New York", United States of America

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.)

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