Update: January 2, 2024

On December 29, 2023, New York State Governor Kathy Hochul vetoed the Grieving Families Act, a bill that would have provided additional compensation to plaintiffs in a wrongful death claim, for the second time. While the Governor said she favors changing the statute, she noted that the bill, as written, had the “potential for significant unintended consequences”.

The New York State Senate and Assembly recently passed legislation that impacts the potential damages recoverable in a wrongful death claim. At present, New York’s wrongful death statute only allows for past pain and suffering, and for any pecuniary loss with statutory interest from the date of death. The damages available in a wrongful death case are a spouse’s loss of consortium claim up to the time of death, and a loss of guidance claim for minor children.

Under the current law, individuals that do not have any income, and do not have anyone relying on them for financial support, are unable to recover any economic damages. The current law, which awards compensation for pecuniary loss only, impacts most harshly on children, seniors, women, and people of color, who often have no income or significantly less income, and are traditionally undervalued in our society.

The Grieving Families Act Bill S74A is expected to be signed by Governor Hockul. It will allow a family to recover monetary judgment for emotional damages from a negligent defendant. The new bill expands the categories of individuals who are entitled to recover compensation to include surviving close family members, which may include but is not limited to spouse or domestic partner, parents, grandparents, stepparents, and siblings. When signed by Governor Hockul, the bill will take effect immediately and will apply to all pending actions and actions commenced after the bill is signed.

The Grieving Families Act includes the following:

• Extends the time permitted to bring a wrongful death action from the current two years to three years and six months following the death.
• Allows recovery of damages for emotional loss when a tortfeasor is found liable for causing a death. Current law allows recovery of pecuniary loss only, thus making it impossible for close family members to receive any compensation for their non-economic loss.
• Permits recovery by close family members.
• Replaces distributees with persons for whose benefit the action is brought.

Many states allow for damages in a wrongful death claim for loss of a relationship and allow for damages of grief and mental anguish from wrongful death. However, there is concern that extending the statute of limitations in New York could increase litigation costs, settlement demands, and verdicts.

Supporters of the legislation claim the bill would address and measure the worth of loved family members that we most value – emotional support, love, companionship, advice, and guidance – and would more fully right the wrong to family members.