New York May Finally Pass ‘Grieving Families’ Bill and Update State’s Wrongful Death Statute

Advocates Hope That There Are Enough Revisions to the ‘Grieving Families’ Bill to Convince Governor Kathy Hochul to Pass It and Amend New York’s Wrongful Death Statut

MANHATTAN, NEW YORK (December 14, 2024) – The New York Trial Lawyers Association and other proponents of the Grieving Families Act are hoping that Governor Hochul will not veto the bill for a third time.

The bill has been amended twice before this third attempt to have it passed. Sen. Brad Hoylman-Sigal, D-Manhattan, and Assembly member Helene Weinstein, D-Brooklyn are two prominent attorneys in the legislature that support it.

The bill would be the first time that New York’s wrongful death statute has been updated since 1847. If it were signed into law, it would make New York one of the other 48 states that allow families to recover for emotional loss in the event of a wrongful death.

Prior to this third attempt, Governor Hochul vetoed the bill twice. She expressed concerns about how the law might affect the healthcare industry.

If passed, the bill would extend the statute of limitations to three years past the time of the decedent’s death. It would also reduce the proposed period of retroactivity for claims to those that occurred on or after January 1, 2024.

Previous versions of the bill extended that period back to July 1, 2018.

Issues With New York’s Current Wrongful Death Law

There is a reason that the ‘Grieving Families’ Bill has received a high amount of bipartisan support over the years. New York’s wrongful death statute is largely outdated and fails to address the modern realities that come with many wrongful death claims. Here are some of the key issues.

• The current statute only allows families to seek compensation for pecuniary damages such as a loss of financial support.
• The current statute does not allow for non-economic damages, including the emotional distress that comes with the loss of a loved one.
• The current statute is particularly unfair in the event a child or stay-at-home parent dies.
• The current statute limits who can file a wrongful death claim to a representative of the decedent’s estate.

The fact of the matter is that the current law devalues people who are not contributing through traditional means. To that extent, it puts New York far outside of how 48 other states handle wrongful death claims. If the law were to pass, New York would finally allow plaintiffs to recover for emotional distress in the event of a wrongful death.

Getting Legal Help for a Wrongful Death Claim

We at Gersowitz Libo & Korek, P.C. were encouraged to hear that New York may finally pass the Grieving Families Act. This bill would go a long way towards making the state’s wrongful death statute more fair and just for all families across New York. We have witnessed firsthand how the current law devalues people and undermines families.

Has your loved one died due to the negligence of another party in New York? You may have legal recourse. Our team of wrongful death attorneys is here to help you. In fact, we have recovered over $1 billion for our deserving clients. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at (516) 908-9792.