P000202
Sunday, January 27, 2002 11:51 AM
compensation for significant others/same sex partners
Pain and suffering damages traditionally are added to the victim's
Estate, distributed under a Last Will and Testament. This legal
tradition may create a way for the Special Master to compensate
significant others and same sex partners who cannot collect on the
Wrongful Death claims for economic damages, which ordinarily are
distributed to dependents. (For a discussion on legal treatment of
Wrongful Death and survival damages, see any Prosser, Wade and
Schwartz text!)
You may find that same sex partners tended to have made Testamentary
dispositions, because that has always been a method to assure
financial security for one another.
Although there would tend to be a disparity in treatment between
spouses and partners, under current laws this would at least assure
that individuals received some compensation.
Individual Comment
Bronx, New York