Assembly Actions -
Senate Actions - UPPERCASE
|Jan 04, 2012||
referred to judiciary
|Jan 25, 2011||
referred to judiciary
Senate Bill S2540
2011-2012 Legislative Session
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2011-S2540 (ACTIVE) - Details
2011-S2540 (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
2011-S2540 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2540 TITLE OF BILL: An act to amend the estates, powers and trusts law, in relation to payment and distribution of damages in wrongful death actions PURPOSE: This bill would permit the families of wrongful death victims to recover compensation for their emotional anguish. SUMMARY OF PROVISIONS: The bill amends EPTL section 5-4.3, the wrongful death statute, to permit recovery of damages for emotional loss when a tortfeasor is found liable for causing a death. Current law allows recovery of pecuniary loss only, thus making it impossible for spouses, children, parents, and siblings to receive any compensation for their non-economic loss. JUSTIFICATION: Families who suffer the loss of a loved one must endure a second blow, when they discover the civil justice system is unable to compensate them for their emotional loss. A wrongful death statute that is nearly 150 years old, and sadly out of step with our sister states, prohibits the grief-stricken family from recovering damages for their emotional suffering from the wrong doer.
2011-S2540 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2540 2011-2012 Regular Sessions I N S E N A T E January 25, 2011 ___________ Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03085-01-1
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.