S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1001

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN,  DINOWITZ, ORTIZ, MARKEY, COLTON,
  WEPRIN, GOLDFEDER -- Multi-Sponsored by --  M.  of  A.  AUBRY,  CLARK,
  CYMBROWITZ,  GLICK,  GOTTFRIED,  HOOPER,  JACOBS, JAFFEE, SCARBOROUGH,
  WEISENBERG -- 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.
              

                                                           LBD03696-01-3

A. 1001                             2

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