Assembly Bill A5612

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5612
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M. of A. WEINSTEIN, DINOWITZ, JAFFEE, ZEBROWSKI, LAVINE,
   L. ROSENTHAL,  M. G. MILLER,  AUBRY,  LIFTON,  PAULIN,  COLTON,  FAHY,
   PICHARDO, RICHARDSON, HYNDMAN, ABINANTI, WEPRIN, JOYNER, SANTABARBARA,
   D'URSO,  ORTIZ,  TAYLOR  --  Multi-Sponsored  by -- M. of A. BRABENEC,
   BRAUNSTEIN, CYMBROWITZ, GLICK, GOTTFRIED, LUPARDO, PERRY -- 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.
              

                                                            LBD00880-01-9

 A. 5612                             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.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 trials commenced on or after such date.