S T A T E O F N E W Y O R K
________________________________________________________________________
4851
2011-2012 Regular Sessions
I N A S S E M B L Y
February 8, 2011
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Introduced by M. of A. WEINSTEIN, DINOWITZ, MAYERSOHN, ORTIZ, BOYLAND,
MARKEY, RAMOS, SCHROEDER, COLTON, SPANO, ROSENTHAL, WEPRIN, CUSICK --
Multi-Sponsored by -- M. of A. AUBRY, CLARK, COOK, CYMBROWITZ, ENGLE-
BRIGHT, GLICK, GOTTFRIED, HIKIND, HOOPER, JACOBS, JAFFEE, JEFFRIES,
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.
LBD03085-01-1
A. 4851 2
THE DECEDENT'S DEATH; (V) PECUNIARY INJURIES, INCLUDING LOSS OF
SERVICES, SUPPORT, ASSISTANCE, AND LOSS OR DIMINISHMENT OF INHERITANCE,
RESULTING FROM THE DECEDENT'S DEATH; AND (VI) LOSS OF NURTURE, GUIDANCE,
COUNSEL, ADVICE, TRAINING, AND EDUCATION RESULTING FROM THE DECEDENT'S
DEATH. Interest upon the principal sum recovered by the plaintiff from
the date of the decedent's death shall be added to and be a part of the
total sum awarded.
S 2. This act shall take effect immediately and shall apply to all
trials commenced on or after such date.