§ 5-4.3 Amount of recovery\n (a) The damages awarded to the plaintiff may be such sum as the jury\nor, where issues of fact are tried without a jury, the court or referee\ndeems to be fair and just compensation for the pecuniary injuries\nresulting from the decedent's death to the persons for whose benefit the\naction is brought. In every such action, in addition to any other\nlawful element of recoverable damages, the reasonable expenses of\nmedical aid, nursing and attention incident to the injury causing death\nand the reasonable funeral expenses of the decedent paid by the\ndistributees, or for the payment of which any distributee is\nresponsible, shall also be proper elements of damage. Interest upon the\nprincipal sum recovered by the plaintiff from the date of the decedent's\ndeath shall be added to and be a part of the total sum awarded.\n (b) Where the death of the decedent occurs on or after September\nfirst, nineteen hundred eighty-two, in addition to damages and expenses\nrecoverable under paragraph (a) above, punitive damages may be awarded\nif such damages would have been recoverable had the decedent survived.\n (c) (i) In any action in which the wrongful conduct is medical\nmalpractice or dental malpractice, evidence shall be admissible to\nestablish the federal, state and local personal income taxes which the\ndecedent would have been obligated by law to pay.\n (ii) In any such action tried by a jury, the court shall instruct the\njury to consider the amount of federal, state and local personal income\ntaxes which the jury finds, with reasonable certainty, that the decedent\nwould have been obligated by law to pay in determining the sum that\nwould otherwise be available for the support of persons for whom the\naction is brought.\n (iii) In any such action tried without a jury, the court shall\nconsider the amount of federal, state and local personal income taxes\nwhich the court finds, with reasonable certainty, that the decedent\nwould have been obligated by law to pay in determining the sum that\nwould otherwise be available for the support of persons for whom the\naction is brought.\n
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