|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 13, 2017||ordered to third reading rules cal.205|
rules report cal.205
|Jun 06, 2017||reported referred to rules|
|May 16, 2017||reported referred to codes|
|Jan 12, 2017||referred to judiciary|
assembly Bill A1386
Current Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Ellen C. Jaffee
A1386 - Details
A1386 - 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… (view more) pecuniary injuries due to loss of services, support, inheritance; and loss of nurture, guidance or education.
A1386 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1386 2017-2018 Regular Sessions I N A S S E M B L Y January 12, 2017 ___________ Introduced by M. of A. WEINSTEIN, DINOWITZ, JAFFEE, ZEBROWSKI, LAVINE, ROSENTHAL, SIMANOWITZ, M. G. MILLER, AUBRY, LIFTON, JENNE, BRINDISI, PAULIN, COLTON, SEPULVEDA, FAHY -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, CYMBROWITZ, GLICK, GOTTFRIED, KEARNS, McDONOUGH, PERRY, RAIA -- 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 THE DECEDENT'S DEATH; (V) PECUNIARY INJURIES, INCLUDING LOSS OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02828-01-7
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