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This entry was published on 2014-09-22
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SECTION 5-4.3
Amount of recovery
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 5, PART 4
§ 5-4.3 Amount of recovery

(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. 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.

(b) Where the death of the decedent occurs on or after September
first, nineteen hundred eighty-two, in addition to damages and expenses
recoverable under paragraph (a) above, punitive damages may be awarded
if such damages would have been recoverable had the decedent survived.

(c) (i) In any action in which the wrongful conduct is medical
malpractice or dental malpractice, evidence shall be admissible to
establish the federal, state and local personal income taxes which the
decedent would have been obligated by law to pay.

(ii) In any such action tried by a jury, the court shall instruct the
jury to consider the amount of federal, state and local personal income
taxes which the jury finds, with reasonable certainty, that the decedent
would have been obligated by law to pay in determining the sum that
would otherwise be available for the support of persons for whom the
action is brought.

(iii) In any such action tried without a jury, the court shall
consider the amount of federal, state and local personal income taxes
which the court finds, with reasonable certainty, that the decedent
would have been obligated by law to pay in determining the sum that
would otherwise be available for the support of persons for whom the
action is brought.