S 3888: 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.
The Protecting Rights in Civil Earnings Determinations Act aims to ensure that damages in civil actions for personal injury or wrongful death are determined fairly. The bill prohibits the reduction of damages for lost earnings or impaired earning capacity based on certain protected characteristics, such as age, disability, or military status. Additionally, the bill requires that any reduction of damages cannot be based solely on statistical tables. The act takes effect immediately and applies to civil actions commenced on or after its effective date.
| Jan. 07, 2026 | REFERRED TO JUDICIARY |
| Jun. 13, 2025 | COMMITTED TO RULES |
| May. 14, 2025 | ADVANCED TO THIRD READING |
| May. 13, 2025 | 2ND REPORT CAL. |
| May. 12, 2025 | 1ST REPORT CAL.991 |
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