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; pecuniary injuries due to loss of services, support, inheritance; and loss of nurture, guidance or education.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5612
SPONSOR: Weinstein (MS)
 
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 OF BILL:
This bill would permit the families of wrongful death victims to recover
compensation for their emotional anguish.
 
SUMMARY OF PROVISIONS OF BILL:
The bill amends EPTL section 5-4.3, the wrongful death statute, 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 spouses, children, parents, and
siblings to receive any compensation for their non-economic loss.
 
JUSTIFICATION:
Families who suffer the loss of a loved one must endure a second blow,
when they discover the civil justice system is unable to compensate them
for their emotional loss. A wrongful death statute that is over 160
years old, and sadly out of step with our sister states, prohibits the
grief-stricken family from recovering damages for their emotional
suffering from the wrong doer.
The current law, which awards compensation for pecuniary loss only,
impacts most harshly on children, seniors, women and minorities, who
often have no income or significantly less income, and are 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.
At least 41 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:
2017-18: A.13 86/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:
Immediately and shall apply to all trials commenced on or after said
date.
STATE OF NEW YORK
________________________________________________________________________
5612
2019-2020 Regular Sessions
IN ASSEMBLY
February 14, 2019
___________
Introduced by M. of A. WEINSTEIN, DINOWITZ, JAFFEE, ZEBROWSKI, LAVINE,
L. ROSENTHAL, M. G. MILLER, AUBRY, LIFTON, PAULIN, COLTON, FAHY,
PICHARDO, RICHARDSON, HYNDMAN, ABINANTI, WEPRIN, JOYNER, SANTABARBARA,
D'URSO, ORTIZ, TAYLOR -- Multi-Sponsored by -- M. of A. BRABENEC,
BRAUNSTEIN, CYMBROWITZ, GLICK, GOTTFRIED, LUPARDO, PERRY -- 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:
1 Section 1. Paragraph (a) of section 5-4.3 of the estates, powers and
2 trusts law, as amended by chapter 100 of the laws of 1982, is amended to
3 read as follows:
4 (a) The damages awarded to the plaintiff may be such sum as the jury
5 or, where issues of fact are tried without a jury, the court or referee
6 deems to be fair and just compensation for the [pecuniary] injuries
7 resulting from the decedent's death to the persons for whose benefit the
8 action is brought. In every such action, in addition to any other lawful
9 element of recoverable damages, [the reasonable expenses of medical aid,
10 nursing and attention incident to the injury causing death and the
11 reasonable funeral expenses of the decedent paid by the distributees, or
12 for the payment of which any distributee is responsible, shall also be
13 proper elements of damage] fair compensation for the following damages
14 may be recovered: (i) reasonable funeral expenses of the decedent paid
15 by the distributees, or for the payment of which any distributee is
16 responsible; (ii) reasonable expenses for medical care incident to the
17 injury causing death, including but not limited to doctors, nursing,
18 attendant care, treatment, hospitalization of the decedent, and medi-
19 cines; (iii) grief or anguish caused by the decedent's death, and for
20 any disorder caused by such grief or anguish; (iv) loss of love, socie-
21 ty, protection, comfort, companionship, and consortium resulting from
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00880-01-9
A. 5612 2
1 the decedent's death; (v) pecuniary injuries, including loss of
2 services, support, assistance, and loss or diminishment of inheritance,
3 resulting from the decedent's death; and (vi) loss of nurture, guidance,
4 counsel, advice, training, and education resulting from the decedent's
5 death. Interest upon the principal sum recovered by the plaintiff from
6 the date of the decedent's death shall be added to and be a part of the
7 total sum awarded.
8 § 2. This act shall take effect immediately and shall apply to all
9 trials commenced on or after such date.