BILL NUMBER: S8485B
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the estates, powers and trusts law, in relation to the
payment and distribution of damages in wrongful death actions
 
SUMMARY OF PROVISIONS OF BILL:
Section 1 amends EPTL section 5-4.1 to extend the time permitted to
bring a wrongful death action by one year.
Section 2 amends EPTL section 5-4.3, to permit recovery of damages for
grief and anguish when a tortfeasor is found liable for causing a death.
Current law allows recovery of pecuniary loss only, thus making it
impossible for close family members to receive any compensation for
their non-economic loss.
Section 3 amends EPTL section 5-4.4 to permit recovery by close family
members.
Section 4 amends EPTL section 5-4.6 to replace distributees with persons
for whose benefit the action s brought.
Section 5 states that the act shall take effect immediately and shall
apply to all causes of action that accrue on or after January 1, 2021,
 
JUSTIFICATION:
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 cheap-
er to kill someone than to seriously injure them. New Yorkers have wait-
ed 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.
 
LEGISLATIVE HISTORY:
2023-24: A.6690/S.6636 - Passed Both Houses, Vetoed, Memo 151.
2021-22: A.6770/S.74 - Passed Both Houses, Vetoed, Memo 192.
2019-20: A.5612/S.4006- A.Cal./S.Fin
2017-18: A.1386/S.411 - A.Cal/S.Judi
2015-16: A.164/S.336 - A.Judi/S. Judi
2013-14: A.1001/S.551 -A. Judi/S. Judi
2011-12: A.4851/S.2540 - A. Judi/S.Judi
2009-10: A.2872/S.6420 - A. Judi/S. Judi
2007-08: A.6420/S.1266 - A.Judi/S. Judi
2005-06: A.5856/S.54 - A. Judi/S. Rules
2003-04: A.6637/S.2294 - A.Judi/S. Rules
2002: A.7789/S.793 - A.Rules/S. Rules
2001: A.7789/S.793 - A.Judi /S. Judi
1999-2000: A.8013 - A. Judi
1998: A.4553-A - A. Rules
1997: A.4553-A - PA
1996: 8.3224 - A. Rules
1995: A.3224 - A. Cal. 1994: A.11792 - A. Rules
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all causes of
action that have accrued on or after January 1, 2021.

Statutes affected:
S8485: 5-4.3 estates powers and trusts law
S8485A: 5-4.3 estates powers and trusts law
S8485B: 5-4.3 estates powers and trusts law