Section 5-4.3. Amount of recovery  


Latest version.
  • (a)  The  damages awarded to the plaintiff may be such sum as the jury
      or, where issues of fact are tried without a jury, the court or  referee
      deems  to  be  fair  and  just  compensation  for the pecuniary injuries
      resulting from the decedent's death to the persons for whose benefit the
      action is brought.   In every such action,  in  addition  to  any  other
      lawful  element  of  recoverable  damages,  the  reasonable  expenses of
      medical aid, nursing and attention incident to the injury causing  death
      and  the  reasonable  funeral  expenses  of  the  decedent  paid  by the
      distributees,  or  for  the  payment  of  which   any   distributee   is
      responsible, shall also be proper elements of damage.  Interest upon the
      principal sum recovered by the plaintiff from the date of the decedent's
      death shall be added to and be a part of the total sum awarded.
        (b)  Where  the  death  of  the  decedent occurs on or after September
      first, nineteen hundred eighty-two, in addition to damages and  expenses
      recoverable  under  paragraph (a) above, punitive damages may be awarded
      if such damages would have been recoverable had the decedent survived.
        (c) (i) In any  action  in  which  the  wrongful  conduct  is  medical
      malpractice  or  dental  malpractice,  evidence  shall  be admissible to
      establish the federal, state and local personal income taxes  which  the
      decedent would have been obligated by law to pay.
        (ii) In any such action tried by  a jury, the court shall instruct the
      jury  to consider the amount of federal, state and local personal income
      taxes which the jury finds, with reasonable certainty, that the decedent
      would have been obligated by law to pay  in  determining  the  sum  that
      would  otherwise  be  available  for the support of persons for whom the
      action is brought.
        (iii) In any such  action  tried  without  a  jury,  the  court  shall
      consider  the  amount  of federal, state and local personal income taxes
      which the court finds, with  reasonable  certainty,  that  the  decedent
      would  have  been  obligated  by  law to pay in determining the sum that
      would otherwise be available for the support of  persons  for  whom  the
      action is   brought.