What's happening
This bill expands recoverable damages in wrongful death lawsuits to include grief, anguish, companionship loss, and related non-economic losses.
Why it matters
Broadens compensation for families. By allowing recovery for grief, anguish, and loss of companionship, the bill recognizes the profound emotional and relational impact of a wrongful death, not just the financial consequences.
Aligns New York with other states. Most states already permit some form of non-economic damages in wrongful death cases; this change brings New York in line with national norms and modern legal standards.
Potentially increases liability and insurance costs. Expanding recoverable damages is likely to raise the stakes in wrongful death lawsuits, which could lead to higher settlement amounts, increased insurance premiums, and possibly influence how entities approach risk management and safety practices.
Greater validation for survivors' experiences. By explicitly listing losses like guidance, nurture, and advice, the law acknowledges the unique and varied contributions of a decedent to their loved ones’ lives, offering survivors a fuller sense of justice and recognition in court.
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Headline styles
Expand Wrongful Death Damages
Plain English, a few words. Used as the page title.
Sponsors
History
- 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.
Expand Wrongful Death Damages
Assembly Floor Calendar · Sponsor Helene Weinstein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
411
2017-2018 Regular Sessions
IN SENATE (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 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 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
[ ] is old law to be omitted.
LBD02828-01-7
S. 411 2
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.
Sponsor's memo
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.336/A.164 - (2015-2016); S.551/A.1001 (2013-2014); 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.