assembly Bill A1386

2017-2018 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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Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2017 ordered to third reading rules cal.205
rules report cal.205
reported
Jun 06, 2017 reported referred to rules
May 16, 2017 reported referred to codes
Jan 12, 2017 referred to judiciary

Co-Sponsors

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Multi-Sponsors

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A1386 - Details

See Senate Version of this Bill:
S411
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §5-4.3, EPT L
Versions Introduced in Previous Legislative Sessions:
2015-2016: A164, S336
2013-2014: A1001, S551
2011-2012: A4851, S2540
2009-2010: A2872, S2391

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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