Senate Bill S411

2017-2018 Legislative Session

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S411 (ACTIVE) - Details

See Assembly Version of this Bill:
A1386
Current Committee:
Senate Judiciary
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
2019-2020: S4006, A5612
2021-2022: S74, A6770
2023-2024: S6636, S8485, A6698, A9232

2017-S411 (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

2017-S411 (ACTIVE) - Sponsor Memo

2017-S411 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    411
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  DeFRANCISCO -- 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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