Bill > S04423

This bill amends the New York Estates, Powers and Trusts Law to expand and clarify the types of damages that can be awarded in wrongful death actions. The key changes include: extending the statute of limitations for filing a wrongful death claim from two to three years, broadening the definition of who can bring such an action to include not just distributees but also domestic partners, persons in loco parentis, and those to whom the decedent stood in loco parentis. The bill specifies five categories of damages that can be recovered: (1) reasonable funeral expenses, (2) medical care expenses, (3) grief or anguish, (4) pecuniary injuries including loss of services and inheritance, and (5) loss of nurture, guidance, and companionship. The legislation also provides more detailed guidance on how damages should be distributed among the beneficiaries, taking into account the specific relationship of each person to the decedent. Additionally, the bill clarifies procedures for settling wrongful death claims, including requirements for court approval of settlements and the handling of funds in escrow. The act will apply to causes of action that have accrued on or after January 1, 2022, providing a more comprehensive and nuanced approach to compensating families who have lost a loved one due to wrongful actions.

Justice

https://www.nysenate.gov/legislation/bills/2025/S4423