STATE OF NEW YORK
        ________________________________________________________________________
                                           336
                               2015-2016 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 7, 2015
                                       ___________
        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 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
    22  the   decedent's  death;  (v)  pecuniary  injuries,  including  loss  of
    23  services, support, assistance, and loss or diminishment of  inheritance,
    24  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.
                                                                   LBD00105-01-5