Bill > A06063

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 bill increases the statute of limitations for filing a wrongful death lawsuit from two to three years and broadens the definition of who can bring such an action. Specifically, the bill now allows recovery for a wider range of damages, including reasonable funeral expenses, medical care costs, grief or anguish, pecuniary injuries (such as loss of support or inheritance), and loss of nurture, guidance, and companionship. The legislation also expands the definition of who can benefit from the lawsuit to include not just legal distributees, but also spouses, domestic partners, persons standing in loco parentis (in a parental-like relationship), and individuals to whom the decedent was in an in loco parentis relationship. The bill provides that the finder of fact (typically a court) will determine how damages are distributed based on the specific circumstances of each case's relationships. Additionally, the bill includes provisions for handling settlements, creating escrow accounts, and appointing guardians ad litem when necessary to protect the interests of minors or individuals with disabilities. The changes are retroactive to causes of action accruing on or after January 1, 2022.

Justice

https://www.nysenate.gov/legislation/bills/2025/A6063