The New York State Senate

                    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.