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

• Democratic41
• Republican9

◆ The sponsor's argument

Why Cordell Cleare says this is needed

New York families who suffer the loss of a loved one must endure a second blow, when they discover the state's civil justice system is unable to compensate them for their emotional loss. New York's wrongful death statute is over 175 years old, and it is unfortunately out of step with nearly every other state because the New York's laws prohibit grief-stricken families from recovering damages for their emotional suffering from the death of their loved one. The current law, which awards compensation for pecuniary loss only, impacts most harshly on children, seniors, women and people of color; people who often have no income or significantly less income, or have been traditionally under- valued 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. Currently, the grief and anguish of grieving family members counts for nothing. As distinguished from prior versions of this legislation vetoed by the Governor, this bill narrowly defines and limits the "surviving close family members" who may potentially claim grief and suffering damages as distributees under current law, with the limited exception of where the decedent is survived by a parent or parents, or any person standing in loco parentis to the decedent, and a spouse and no issue, the parent or parents or such person standing in loco parentis is deemed to be a surviving close family member. And importantly, the finder of fact shall determine which close family members are-or are not-entitled to damages based upon the specific circumstances relating to the person's relation- ship with the decedent. To further address concerns raised by the Gover- nor, this version of the bill has shortened the proposed retroactive effect of the legislation by three years. It now only applies to causes of action that accrue on or after January 1, 2021. Forty-eight other states compensate family members for emotional loss in wrongful death cases. This bill will not only better address and more fully right the wrong to the family of the deceased, but it will also deter 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. New Yorkers have waited since 1847 to reform this outdated, noxious and discriminatory law. It stands as an injustice today as it did when it limited the families of the women killed in the Triangle Shirtwaist Factory fire to a paltry $75.00 in compensation. This bill is immediately needed to correct the harsh anomaly of the current wrongful death law.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.