The New York Times explores the disparity between personal injury payouts for wrongful death cases and those involving serious injuries, as illustrated by the recent $3.25 million settlement for the police shooting of Sean Bell. In short, injured plaintiffs get much higher payouts than the families of those wrongfully killed.
Sean Bell was shot to death by police in 2006 on the day of his wedding, apparently the victim of a botched police response to reports of a scuffle. The police were found liable for his death resulting from the debacle.
Susan M. Karten, a New York personal injury lawyer, told reporters how difficult it is to tell clients that wrongful death lawsuits are "worth little" under New York law but that liability for a serious injury can be worth millions:
"I hate to say it this way, but you're better off killing someone than maiming him."
Case(s) in point: New York paid $9.9 million to Barry Gibbs for his wrongful conviction and nearly 20-year imprisonment after being framed by a corrupt cop; Abner Louima settled with the city for $8.75 million in his police brutality case; and the largest share of a settlement for the victims of the 2003 Staten Island Ferry crash went to a quadriplegic, not the family members of those who died.
As far as the Sean Bell case is concerned, his two friends who were injured by the gunfire were paid more than the estate of the man who died. Joseph Guzman, who was hit by 17 bullets, will receive $3 million, while a less-seriously injured Trent Benefield was awarded $900,000.
After one-third of the $3.25 million settlement is paid out to the family's New York personal injury attorney, the rest (roughly $2.08 million) will go into a trust fund for the Sean Bell's two children until they reach the age of 18. His fiancé and the children's mother, Nicole Paultre Bell, doesn't get a dime because they were not married at the time.
The fact that the couple was just hours away from being married doesn't matter in the eyes of the law. And the fact the wrongful death settlement was as high as it is largely attributed to the high-profile nature of this case and the police department's wish to an end to the bad publicity.
Related Resources:
-
Wrongful Death FAQ (FindLaw)
-
$7M Settlement in Sean Bell Wrongful Death (FindLaw's Injured Blog)
ShareThis
