A1511 Amends wrongful death act to expand damages available
February 26, 2007
Wrongful death statutes establish a cause of action for the wrong done to an individual's beneficiaries when that individual dies as the result of the wrongful conduct of another person.
Under present law, in a wrongful death action damages are recoverable for pecuniary loss. This bill would expand the type of damages for which one may bring suit to include loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance or education. Also, damages in wrongful death actions may be brought for loss of a special relationship between and among spouses, parents, children and siblings. Loss of companionship may include consideration of mental anguish and emotional pain and suffering only in the case of a surviving spouse, child, parent or in the alternative, surviving siblings. In the case of a minor child, loss of pecuniary investment by a parent is also recoverable.
Resources
- Legislative Action
- 1/10/2006 Introduced, Referred to Assembly Judiciary Committee
- 2/26/2007 Reported out of Asm. Comm. with Amendments, and Referred to Assembly Financial Institutions and Insurance Committee
- Associated Documents
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