New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 11-3.3 Limitations upon recovery where injury causes death

(a) Where an injury causes the death of a person the damages recoverable for such injury are limited to those accruing before death and shall not include damages for or by reason of death, except that the reasonable funeral expenses of the decedent, paid by the estate or for the payment of which the estate is responsible, shall be recoverable in such action.  The damages recovered become part of the estate of the deceased.

(b) Nothing contained herein shall affect the cause of action existing in favor of the next of kin under 5-4.1, subject to the following:

(1) Such cause of action and the cause of action, under this section, in favor of the estate to recover damages may be prosecuted to judgment in a single action;  a separate verdict, report or decision shall be rendered as to each cause of action.

(2) Where an action to recover damages for personal injury has been brought, and the injured person dies, as a result of the injury, before verdict, report or decision, his personal representative may enlarge the complaint in such action to include the cause of action for wrongful death under 5-4.1.

(3) Where an action to recover damages under this section and a separate action for wrongful death under 5-4.1 are pending against the same defendant, they may be consolidated on the motion of either party.

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