What's happening
This bill expands wrongful death damages in New York to include grief, loss of companionship, and emotional suffering, not just financial losses.
Why it matters
Broadens available damages for families. , allowing them to seek compensation not just for lost income or services, but also for emotional suffering, loss of companionship, and the impact on family relationships—recognizing the true human cost of wrongful death.
Modernizes New York’s approach to wrongful death claims. , bringing it in line with many other states that already permit recovery for grief and loss of consortium, potentially reducing longstanding disparities in compensation for grieving families.
May influence insurance settlements, litigation strategies, and the cost of liability coverage. , as potential damages in wrongful death cases could increase significantly, affecting not only families but also businesses, insurers, and public entities.
Applies immediately to all future trials. , meaning families currently in the process of pursuing a wrongful death claim could benefit from expanded damages if their case has not yet gone to trial, potentially altering outcomes for ongoing cases.
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Who cares
Wrongful death beneficiaries
The bill would allow recovery for grief, anguish and loss of love, companionship and comfort, beyond financial injuries.
Children who are wrongful death beneficiaries
The bill would expressly allow compensation for lost nurture, guidance, counsel, training and education resulting from a death.
Defendants in wrongful death cases
The bill would broaden the categories of damages they could be required to pay, including damages for disorders caused by grief or anguish.
Attorneys handling wrongful death trials
The expanded damages provisions would apply to all trials beginning on or after the bill’s immediate effective date.
Headline styles
Expand Wrongful Death Damages
Plain English, a few words. Used as the page title.
Sponsors
27 Co-sponsors
- Jeffrey Dinowitz
- Ellen C. Jaffee
- Kenneth Zebrowski
- Charles Lavine
- Linda Rosenthal
- Michael G. Miller
- Jeffrion Aubry
- Barbara Lifton
- Addie Jenne
- Anthony Brindisi
- Amy Paulin
- William Colton
- Luis R. Sepúlveda
- Patricia Fahy
- Victor M. Pichardo
- Diana Richardson
- Alicia Hyndman
- Thomas Abinanti
- Michael Benedetto
- David Weprin
- Jaime R. Williams
- Latoya Joyner
- Angelo Santabarbara
- Anthony D'Urso
- Matthew Titone
- Felix Ortiz
- Maritza Davila
History
- Ordered to third reading cal.99
- Ordered to third reading rules cal.205
- Rules report cal.205
- Reported
- Reported referred to rules
- Reported referred to codes
- 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.
Expand Wrongful Death Damages
In Senate Committee · Judiciary · Sponsor John A. DeFrancisco
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1386
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. WEINSTEIN, DINOWITZ, JAFFEE, ZEBROWSKI, LAVINE, ROSENTHAL, SIMANOWITZ, M. G. MILLER, AUBRY, LIFTON, JENNE, BRINDISI, PAULIN, COLTON, SEPULVEDA, FAHY -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, CYMBROWITZ, GLICK, GOTTFRIED, KEARNS, McDONOUGH, PERRY, RAIA -- 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 Assembly, 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 medicines; (iii) grief or anguish caused by the decedent's death, and for any disorder caused by such grief or anguish; (iv) loss of love, society, 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.
LBD02828-01-7
A. 1386 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.
§ 2. This act shall take effect immediately and shall apply to all trials commenced on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.