To allow the recovery of damages for a wrongful injury of death. Damages can include economic and non-economic, including pain, anxiety, and emotional distress. The bill also makes the act retroactive and apply to any cases currently pending.   Official Text and Analysis.

To 1) Remove amendments to the wrongful death statute to specifically state that both economic and non-economic damages suffered by the beneficiaries are recoverable; 2)Include the dependency and residency requirements for the secondary beneficiaries under the general wrongful death statute and the special survival statute; 3) Amended the child death statute to allow the parent of a minor or adult child to sue without having to show dependency on the child if the parent has had significant involvement in the child's life, including giving or receiving emotional, psychological, or financial support; and 4) Remove amendments to the special survival statute to specifically list "loss of life itself, loss of enjoyment of life, and shortened life expectancy" as recoverable damages and to remove the financial dependency and residency requirements for the secondary beneficiaries.

To add amendments to the general wrongful death statute and the general and special survival statutes as follows: Removes the residency requirement for the secondary beneficiaries (parents and siblings) under these statutes. (Retains the current law's dependency requirement.) Specifies that both economic and non-economic damages are recoverable under the general wrongful death statute. (Same as in the original HB 1873). Adds "loss of enjoyment of life" and "shortened life expectancy" as recoverable damages in actions under the general and special survival statutes. (As in the original bill, except the original bill also included damages for "loss of life itself.") Under the child death statute, specifies that each parent is entitled to a separate recovery regardless of marital status. (Same as original bill.) Updates and restructures language in these statutes for clarity..

To provide that a parent of a child with a developmental disability may recover damages under the wrongful death and survival statutes for the wrongful death or injury of the child if the parent regularly contributed to the support of the child.

To revises the requirements for, and recoveries under, a wrongful injury or death cause of action.

No new changes were recommended.

Defining "significant involvement" to mean demonstrated support of an emotional, psychological, or financial nature within the relationship, at or reasonably near the time of death, or at or reasonably near the time of the incident causing death. Amends the definition of "financial dependence" by using the term "financially dependent for support" and requiring that the dependence be "substantial." Provides that the act applies to all causes of action that are filed on or after the effective date of the act (instead of to deaths that occur on or after the effective date of the act).

Removing the sole beneficiary of the decedent's life insurance policy from the list of beneficiaries that may recover under the general wrongful death statute or the survival statutes.

The list of damages available in survival actions is amended to remove the references to economic losses. References to non-economic damages are amended so that only the specific non-economic damages listed are available to the beneficiaries.

To amend the wrongful death of a child statute to allow a parent of an adult child under the age of 26 to bring a cause of action without having to show financial dependence on the child. Removes the ability of a parent who had "significant involvement" in an adult child's life to bring the action without having to show financial dependency.

To add a null and void clause to the act.

Removing parents who have had "significant involvement" in an adult child's life as beneficiaries under the wrongful death and survival statutes. Instead, allows a parent of an adult child with a developmental disability to be a beneficiary without having to show financial dependence on the child.

Amending the definition of "significant involvement" to: (a) require that the emotional, psychological, or financial support be ongoing and substantial; (b) provide that the relationship between the parties must be meaningful and a relationship of "community or companionship"; and (c) limit it to involvement that exists at or reasonably near the time of the incident causing death (the underlying amendment also includes involvement existing at or near the time of the death).

Providing that the act applies to deaths that occur on or after the effective date of the act (rather than to causes of action filed on or after the effective date of the act).

Under the general wrongful death and special survival statutes, joint and several liability does not apply to claims against state and local agencies by the new beneficiaries authorized under the act.

To not apply joint and several liability to additional claims made against state and local agencies under the act.

To allow a parent of an adult child under the age of 26 to bring a cause of action without having to show financial dependence on the child. Removes the ability of a parent who had "significant involvement" in an adult child's life to bring the action without having to show financial dependency.