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- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought
In Assembly Committee · Judiciary · Sponsor Helene Weinstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S551
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
This bill would permit the families of wrongful death victims to recover compensation for their emotional anguish.
Summary of provisions
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 nearly 150 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 wrongdoer.
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 advantage 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
S.2540/A.4851 (2011-12)A.S.2391/A.2872 (2009-10); S.1266/A.6420 (2007-08); S.54/A.5856 (2005-06); S.2994/A.6637 (2003-04); S.793/A.7789 (2001-02) S.5487/A.8013 (1999); S.585-A/A.4553-A (1997); S.2133/A.3224 (1995); S.8558/A.11792 (1994)
Fiscal implications
None.
Effective date
Immediately and shall apply to all trials commenced on or after said date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.