New York A 11340: Provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought

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A11340 Summary:

BILL NOA11340 

&nbsp

SAME ASSAME AS S10171

&nbsp

SPONSORRules (Lunsford)

&nbsp

COSPNSRRosenthal, Steck, Dinowitz, Burdick, Hevesi, Stirpe, Simon, Schiavoni, Meeks, Colton, McMahon,
 Shrestha, Kelles, Williams, Otis

&nbsp

MLTSPNSR

&nbsp

Amd §§5-4.1, 5-4.3, 5-4.4 & 5-4.6, EPT L

&nbsp

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

Go to top A11340 Actions:

BILL NOA11340 

&nbsp

05/11/2026referred to judiciary

Go to topA11340 Committee&nbspVotes:

Go to topA11340 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA11340 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11340

 IN ASSEMBLY

 May 11, 2026
 ___________

 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lunsford,
 Rosenthal, Steck, Dinowitz, Burdick, Hevesi, Stirpe, Simon, Schiavoni,
 Meeks, Colton, McMahon, Shrestha, Kelles, Williams, Otis) -- read once
 and referred to the Committee on Judiciary

 AN ACT to amend the estates, powers and trusts law, in relation to the
 payment and distribution of damages in wrongful death actions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph 1 of section 5-4.1 of the estates, powers and
 2 trusts law, as amended by chapter 114 of the laws of 2003, is amended to
 3 read as follows:
 4 1. The personal representative, duly appointed in this state or any
 5 other jurisdiction, of a decedent [who is survived by distributees] may
 6 maintain an action to recover damages for a wrongful act, neglect or
 7 default which caused the decedent's death against a person who would
 8 have been liable to the decedent by reason of such wrongful conduct if
 9 death had not ensued. Such an action must be commenced within [two]
 10 three years after the decedent's death[; provided, however, that an
 11 action on behalf of a decedent whose death was caused by the terrorist
 12 attacks on September eleventh, two thousand one, other than a decedent
 13 identified by the attorney general of the United States as a participant
 14 or conspirator in such attacks, must be commenced within two years and
 15 six months after the decedent's death]. When the [distributees] persons
 16 for whose benefit an action pursuant to this part may be brought do not
 17 participate in the administration of the decedent's estate under a will
 18 appointing an executor who refuses to bring such action, the [distribu-
 19 tees] persons for whose benefit an action pursuant to this part may be
 20 brought are entitled to have an administrator appointed to prosecute the
 21 action for their benefit.
 22 § 2. Paragraph (a) of section 5-4.3 of the estates, powers and trusts
 23 law, as amended by chapter 100 of the laws of 1982, is amended to read
 24 as follows:
 25 (a) The damages awarded to the plaintiff may be such sum as the jury
 26 or, where issues of fact are tried without a jury, the court or referee

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07457-01-5

 A. 11340 2

 1 deems to be fair and just compensation for the [pecuniary] injuries
 2 resulting from the decedent's death to the persons for whose benefit the
 3 action is brought. In every such action, in addition to any other lawful
 4 element of recoverable damages, [the reasonable expenses of medical aid,
 5 nursing and attention incident to the injury causing death and the
 6 reasonable funeral expenses of the decedent paid by the distributees, or
 7 for the payment of which any distributee is responsible, shall also be
 8 proper elements of damage] compensation for the following damages may
 9 be recovered: (i) reasonable funeral expenses of the decedent paid by
 10 the persons for whose benefit the action is brought, or for the payment
 11 of which any persons for whose benefit the action is brought is respon-
 12 sible; (ii) reasonable expenses for medical care incident to the injury
 13 causing death, including but not limited to doctors, nursing, attendant
 14 care, treatment, hospitalization of the decedent, and medicines; (iii)
 15 grief or anguish caused by the decedent's death; (iv)