|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 25, 2020||reported and committed to finance|
|Jan 08, 2020||referred to judiciary|
|May 30, 2019||reported and committed to finance|
|Feb 25, 2019||referred to judiciary|
senate Bill S4006
Archive: Last Bill Status - In Senate Committee Finance Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4006 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Finance
- Law Section:
- Estates, Powers and Trusts Law
- Laws Affected:
- Amd §5-4.3, EPT L
- Versions Introduced in Other Legislative Sessions:
2009-2010: S2391, A2872
2011-2012: S2540, A4851
2013-2014: S551, A1001
2015-2016: S336, A164
2017-2018: S411, A1386
2021-2022: S74, A6770
S4006 (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… (view more) pecuniary injuries due to loss of services, support, inheritance; and loss of nurture, guidance or education.
S4006 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4006 SPONSOR: HOYLMAN 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, permit recovery of damages for emotional liable for causing a death. Current law loss only, thus making it impossible for siblings to receive any compensation for the wrongful death statute, to loss when a tortfeasor is found allows recovery of pecuniary spouses, children, parents, and their non-economic loss.
S4006 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4006 2019-2020 Regular Sessions I N S E N A T E February 25, 2019 ___________ Introduced by Sen. HOYLMAN -- 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.
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