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Assembly Bill A2872

2009-2010 Legislative Session

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought

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Archive: Last Bill Status - In Assembly Committee

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2009-A2872 (ACTIVE) - Details

See Senate Version of this Bill:
S2391
Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd ยง5-4.3, EPT L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4851, S2540
2013-2014: A1001, S551
2015-2016: A164, S336
2017-2018: A1386, S411
2019-2020: A5612, S4006
2021-2022: A6770, S74
2023-2024: A6698, A9232, S6636, S8485
2025-2026: A6063, S4423

2009-A2872 (ACTIVE) - Summary

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought i.e. grief and anguish; loss of love, society, protection, comfort, companionship and consortium; reasonable funeral expenses; reasonable expenses for medical care, treatment etc. prior to death

2009-A2872 (ACTIVE) - Sponsor Memo

2009-A2872 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2872

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. WEINSTEIN, DINOWITZ, BRODSKY, EDDINGTON, FIELDS,
  MAYERSOHN, ORTIZ, BOYLAND, MARKEY, PERALTA, RAMOS  --  Multi-Sponsored
  by -- M. of A. AUBRY, CLARK, COOK, CYMBROWITZ, DIAZ, GLICK, GOTTFRIED,
  GREENE,  HIKIND,  HOOPER,  JACOBS,  JAFFEE,  LATIMER, LIFTON, LUPARDO,
  McENENY, PHEFFER, SCARBOROUGH, WEISENBERG -- read once and referred to
  the Committee on Judiciary

AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
  payment and distribution of damages in wrongful death actions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of section 5-4.3 of the estates,  powers  and
trusts law, as amended by chapter 100 of the laws of 1982, is amended to
read as follows:
  (a)  The  damages awarded to the plaintiff may be such sum as the jury
or, where issues of fact are tried without a jury, the court or  referee
deems  to  be  fair  and  just compensation for the [pecuniary] injuries
resulting from the decedent's death to the persons for whose benefit the
action is brought. In every such action, in addition to any other lawful
element of recoverable damages, [the reasonable expenses of medical aid,
nursing and attention incident to  the  injury  causing  death  and  the
reasonable funeral expenses of the decedent paid by the distributees, or
for  the  payment of which any distributee is responsible, shall also be
proper elements of damage] FAIR COMPENSATION FOR THE  FOLLOWING  DAMAGES
MAY  BE RECOVERED:  (I) REASONABLE FUNERAL EXPENSES OF THE DECEDENT PAID
BY THE DISTRIBUTEES, OR FOR THE PAYMENT  OF  WHICH  ANY  DISTRIBUTEE  IS
RESPONSIBLE;  (II)  REASONABLE EXPENSES FOR MEDICAL CARE INCIDENT TO THE
INJURY CAUSING DEATH, INCLUDING BUT NOT  LIMITED  TO  DOCTORS,  NURSING,
ATTENDANT  CARE,  TREATMENT,  HOSPITALIZATION OF THE DECEDENT, AND MEDI-
CINES; (III) GRIEF OR ANGUISH CAUSED BY THE DECEDENT'S  DEATH,  AND  FOR
ANY  DISORDER CAUSED BY SUCH GRIEF OR ANGUISH; (IV) LOSS OF LOVE, SOCIE-
TY, PROTECTION, COMFORT, COMPANIONSHIP, AND  CONSORTIUM  RESULTING  FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01560-01-9

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