New York Assembly Bill A05379

New York 2025-2026 Regular Session

• Introduced: 2/13/25
• Refer: 2/13/25
• Refer: 1/7/26

Caption

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.

Summary

Bill A05379, known as the 'Protecting Rights in Civil Earnings Determinations (P.R.I.C.E.D) Act', aims to amend the civil practice law and rules regarding the determination of damages in civil actions related to personal injury or wrongful death. The bill stipulates that any calculations of damages for lost earnings or impaired earning capacity should not be reduced based on various demographic factors such as age, race, gender identity, and other personal characteristics. This legislation seeks to ensure that all individuals are treated equally in the eyes of the law when it comes to compensation for damages resulting from personal injury or wrongful death. Additionally, the bill emphasizes that reductions in damages cannot solely rely on statistical tables unless there is mutual agreement among all parties involved in the civil action. This provision is designed to prevent potential biases that could arise from using generalized statistical data, thereby promoting a fairer approach to damage assessments in civil cases. The bill is set to take effect immediately upon passage and will apply to civil actions commenced after the effective date. This immediate applicability underscores the urgency and importance of the changes proposed in the legislation, aiming to enhance the protection of individuals' rights in civil litigation. Overall, the P.R.I.C.E.D Act represents a significant shift towards more equitable treatment in the legal system, particularly for marginalized groups who may face discrimination in damage calculations. By addressing these issues, the bill seeks to foster a more just and inclusive legal environment for all individuals seeking redress for personal injuries or wrongful deaths.

Impact

If enacted, Bill A05379 will amend existing civil practice laws in New York, specifically affecting how damages are calculated in personal injury and wrongful death cases. The law will prohibit reductions in damages based on demographic characteristics, thereby reinforcing the principle of equality in legal proceedings. This change could lead to increased compensation for individuals who might otherwise have faced lower awards due to biases in traditional damage assessments. The bill's provisions may also influence how attorneys approach settlements and litigation strategies, as they will need to consider these new guidelines when representing clients.

Sentiment

The sentiment surrounding Bill A05379 appears to be generally supportive, as it aims to protect the rights of individuals in civil litigation. Discussions indicate a recognition of the need for reforms that address potential biases in damage calculations. However, there may be some concerns regarding the implications of the bill on the legal process, particularly regarding the reliance on statistical data in damage assessments. Overall, the bill is viewed as a progressive step towards ensuring fairness in the legal system.

Contention

Notable points of contention may arise from the bill's prohibition on reducing damages based on statistical tables, which some legal professionals might argue could complicate the assessment process. Critics may express concerns about how this could affect the predictability of outcomes in civil cases. Additionally, there may be differing opinions on the extent to which demographic factors should influence damage calculations, with some stakeholders advocating for a more nuanced approach. These discussions highlight the balance between protecting individual rights and maintaining a practical legal framework.