Relates to the determination of damages in a civil action arising from personal injury or wrongful death; provides that damages shall not be reduced because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence; provides that damages shall not be based on statistical tables unless agreed to by all parties.
STATE OF NEW YORK
________________________________________________________________________
3888
2025-2026 Regular Sessions
IN SENATE
January 30, 2025
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the
determination of damages in a civil action arising from personal inju-
ry or wrongful death
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "protect-
2 ing rights in civil earnings determinations (P.R.I.C.E.D) act".
3 § 2. The civil practice law and rules is amended by adding a new
4 section 5022 to read as follows:
5 § 5022. Determination of damages. 1. In any civil action arising from
6 personal injury or wrongful death, any estimations, measures, or calcu-
7 lations of damages for lost earnings or impaired earning capacity shall
8 not be reduced because of age, race, creed, color, national origin,
9 citizenship or immigration status, sexual orientation, gender identity
10 or expression, military status, sex, disability, predisposing genetic
11 characteristics, familial status, marital status, or status as a victim
12 of domestic violence.
13 2. In any civil action arising from personal injury or wrongful death,
14 any reduction of damages shall not be based upon statistical tables
15 alone.
16 § 3. This act shall take effect immediately and shall apply to civil
17 actions commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07970-01-5
