NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6698
SPONSOR: Weinstein (MS) TITLE OF BILL:
An act to amend the estates, powers and trusts law, in relation to the
payment and distribution of damages in wrongful death actions
PURPOSE OF BILL:
This bill would permit the families of wrongful death victims to recover
compensation for their emotional anguish.
SUMMARY OF PROVISIONS OF BILL:
Section 1 amends EPTL section 5-4.1 to extend the time permitted to
bring a wrongful death action by one year and six months.
Section 2 amends EPTL section 5-4.3, to permit recovery of damages for
emotional loss when a tortfeasor is found liable for causing a death.
Current law allows recovery of pecuniary loss only, thus making it
impossible for close family members to receive any compensation for
their non-economic loss.
Section 3 amends EPTL section 5-4.4 to permit recovery by close family
members.
Section 4 amends EPTL section 5-4.6 to replace distributees with persons
for whose benefit the action is brought.
Section 5 states that the act shall take effect immediately and shall
apply to all pending actions and actions commenced on or after such
date.
JUSTIFICATION:
New York Families who suffer the loss of a loved one must endure a
second blow, when they discover the state's civil justice system is
unable to compensate them for their emotional loss. New York's wrongful
death statute is over 175 years old, and it is unfortunately out of step
with nearly every other state because the New York's laws prohibit
grief-stricken families from recovering damages for their emotional
suffering from the death of their loved one.
The current law, which awards compensation for pecuniary loss only,
impacts most harshly on children, seniors, women and people of color;
people who often have no income or significantly less income, or have
been traditionally undervalued in our society. For many years, the
courts have struggled to overcome the current law's narrow and inhumane
language, which measures the worth of loved family members solely by
their value as wage earners.
The law, in essence, says that the attributes of our family members that
we most value--emotional support, love, companionship, advice and
guidance--count for nothing.
Another consequence of New York's outdated law is that it fails to
recognize the many shapes families take. Any justice permitted by the
current statute is limited to distributees, or the people who would
inherit a decedent's estate. The current law doesn't recognize loss of
step-family, people being raised by or raising other family members, or
even nuclear family members depending on marital and child status. In
addition to recognizing non-married couples, this bill recognizes that
family takes many forms.
Forty-seven other states compensate family members for emotional loss.
This bill will not only better address and more fully right the wrong to
the family of the deceased, it will also deter the negligent, reckless,
sometimes criminal behavior that leads to needless deaths. It is ironic
and contrary to public policy that currently a wrongdoer may take advan-
tage of the law that makes it cheaper to kill someone than to seriously
injure them. This bill would correct this harsh anomaly of the current
wrongful death law.
LEGISLATIVE HISTORY:
2021-22: A.6770/S.74 - Passed Both Houses, Vetoed, Memo 192.
2019-20: A.5612/S.4006- A.Cal./S.Fin
2017-18: A.1386/S.411 - A.Cal/S.Judi
2015-16: A.164/S.336 - A.Judi/S. Judi
2013-14: A.1001/S.551 -A. Judi/S. Judi
2011-12: A.4851/S.2540 - A. Judi/S.Judi
2009-10: A.2872/S.6420 - A. Judi/S. Judi
2007-08: A.6420/S.1266 - A.Judi/S. Judi
2005-06: A.5856/S.54 - A. Judi/S. Rules
2003-04: A.6637/S.2294 - A.Judi/S. Rules
2002: A.7789/S.793 - A.Rules/S. Rules
2001: A.7789/S.793 - A.Judi /S. Judi
1999-2000: A.8013 - A. Judi
1998: A.4553-A - A. Rules
1997: A.4553-A - PA
1996: A.3224 - A. Rules
1995: A.3224 - A. Cal.
1994: A.11792 - A. Rules
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all causes of
action that accrue after July 1, 2018 regardless of when filed. SB:
02714-03-3 5/1/23
