City of New York Settles Sean Bell Shooting Case
Yesterday, after 2 intense days of negotiations, the City of New York reached a settlement with the Estate of Sean Bell, who was killed by undercover New York City Police detectives the morning of his wedding. There are many out there who believe that since the police were justified in the discharge of their weapons, the Estate is not entitled to any compensation. I will not attempt to pass judgment on what occurred the night of the shooting as I am neither judge nor jury but will attempt to explain how the money was distributed. The Estate will receive $3.25 million before attorneys fees and Joseph Guzman, who was wounded in the shooting, will receive $3 million. What is glaring to me is the difference between someone alive and someone who is killed is apparently only $250,000.
The explanation for the disparity lies in New York's archaic wrongful death laws. In New York, financial compensation is only awarded if the decedent experienced conscious pain and suffering before his death or provided financial support to his dependents. In the Sean Bell case, since he was yet to be married, his wife would be unable to claim that she was a dependent. However, Mr. Bell was the father of 2 young children and a large portion of that award will be placed in trust for their benefit by order of the Surrogate's Court, the court that has jurisdiction over estates of those who died in New York. Since Mr. Bell died instantly in the shooting, his estate receives no money for his conscious pain and suffering before he died.
Mr. Guzman was shot numerous times, shattering bones and leaving some bullets still lodged in his body. His recovery was for past and future pain and suffering, past and future medical care and lost wages from work. The amount of money that Mr. Guzman received was not based upon if he was married or if he has any children, but rather what injuries he suffered in this shooting.
As an attorney, the most difficult conversation that I have to have is when I need to explain to a mother that her son who recently died isn't worth anything but a token amount. They take solace in the fact that their child did not suffer but can't comprehend that a life can be worth so little. I have always lobbied for a change in New York State law to allow the loss of a life to be compensated, to be worth something. We have to realize that a human life is worth something.
