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NY A06770

Bill

Status

Introduced

3/29/2021

Primary Sponsor

Helene Weinstein

Click for details

Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Expands the statute of limitations for wrongful death actions from 2 years to 3 years and 6 months, and from 2 years to 4 years for cases arising from the September 11, 2001 terrorist attacks.

  • Removes the requirement that a decedent be "survived by distributees" to bring a wrongful death action, allowing personal representatives to bring actions regardless of surviving family status.

  • Expands recoverable damages to include non-pecuniary injuries such as grief, anguish, loss of love, society, comfort, companionship, and consortium, in addition to funeral and medical expenses.

  • Broadens the definition of persons eligible to receive wrongful death damages from "distributees" to "surviving close family members" including spouses, domestic partners, issue, parents, grandparents, step-parents, and siblings, with the finder of fact determining eligibility based on specific circumstances.

  • Requires courts to determine the proportions of injuries suffered by beneficiaries and clarifies procedures for escrow account management, payment of expenses, and appointment of guardians ad litem for infants, incompetent persons, or incarcerated persons.

Legislative Description

Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought.

Last Action

substituted by s74a

6/2/2022

Committee Referrals

Codes1/5/2022
Rules6/2/2021
Codes5/26/2021
Judiciary3/29/2021

Full Bill Text

No bill text available