Vote Smart's Synopsis:

Vote to pass a bill that amends the types of damages that may be awarded to individuals who have brought a wrongful death lawsuit in New York.

Highlights:

• Amends the types of damages that may be awarded to individuals who have brought a wrongful death lawsuit in New York to include the following (Sec. 1):

• Reasonable funeral expenses of the decedent paid by the individuals for whose benefit the action is brought, or for the payment of which any individuals for whose benefit the action is brought is responsible;

• Reasonable expenses for medical care incident to the injury causing death, including but not limited to doctors, nurses, attendant care, treatment, hospitalization of the decedent, and medicines;

• Grief or anguish caused by the decedent's death;

• Other pecuniary injuries, including loss of services, support, assistance, and loss or diminishment of inheritance, resulting from the decedent's death; and

• Loss of nurture, guidance, counsel, advice, training, companionship, and education that resulted from the decedent's death.

• Amends eligibility for who can receive descendants benefits to the following, including the decedent's (Sec. 3):

• Spouse;

• Partner;

• Distributees; and

• Any individual standing in loco parentis to the decedent.

• Defines “in loco parentis” for this bill to mean any relationship where an adult and minor share a household or have recently shared a household (Sec. 3).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor and shall apply retroactively to all causes and actions that have accrued since January 1, 2021 (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends the types of damages that may be awarded to individuals who have brought a wrongful death lawsuit in New York.

Highlights:

• Amends the types of damages that may be awarded to individuals who have brought a wrongful death lawsuit in New York to include the following (Sec. 1):

• Reasonable funeral expenses of the decedent paid by the individuals for whose benefit the action is brought, or for the payment of which any individuals for whose benefit the action is brought is responsible;

• Reasonable expenses for medical care incident to the injury causing death, including but not limited to doctors, nurses, attendant care, treatment, hospitalization of the decedent, and medicines;

• Grief or anguish caused by the decedent's death;

• Other pecuniary injuries, including loss of services, support, assistance, and loss or diminishment of inheritance, resulting from the decedent's death; and

• Loss of nurture, guidance, counsel, advice, training, companionship, and education that resulted from the decedent's death.

• Amends eligibility for who can receive descendants benefits to the following, including the decedent's (Sec. 3):

• Spouse;

• Partner;

• Distributees; and

• Any individual standing in loco parentis to the decedent.

• Defines “in loco parentis” for this bill to mean any relationship where an adult and minor share a household or have recently shared a household (Sec. 3).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor and shall apply retroactively to all causes and actions that have accrued since January 1, 2021 (Sec. 5).

Full Bill Text