For more than a century and a half, New York’s laws concerning wrongful death have been largely outdated. Since 1847, families are only allowed to sue for the financial impact of a loved one’s death. This includes lost wages and funeral costs but rules out emotional pain and grief. The Grieving Families Act is intended to change that. The bill is designed to modernize how wrongful death cases are treated and tried in the court of law.
What Would New York’s Grieving Families Act Change?
- Emotional Loss Comes with a Price: At this very moment, New York only allows families to sue for money-related losses. If your loved one didn’t earn any income, your case may be worth scraps. The Grieving Families Act would allow families to additionally seek compensation for emotional suffering, and loss of love and companionship.
- More People Could File a Claim: Today, only close relatives like spouses, parents, or children can file a wrongful death lawsuit. The new law would expand this to potentially include domestic partners, grandparents, stepchildren, and siblings.
- More Time to Sue: Currently, families only have 2 years to file a wrongful death claim. The new law would extend that to 3.5 years.
Why Hasn’t New York’s Grieving Families Act Passed Yet?
The Grieving Families Act passed both the State Senate and Assembly in 2022 with overwhelming support. But Governor Kathy Hochul vetoed the bill multiple times, fearing higher insurance costs and more lawsuits – an argument many have found to be ill-supported. In response, lawmakers sought to make the bill more specific, such as who qualifies as a “close family member” and narrowed down what type of emotional damages can be claimed.
Why New York’s Grieving Families Act Matters
This bill is about recognizing that love and grief are real losses. It would bring New York in line with most other states that do allow emotional damages in wrongful death cases. If passed, this law would help families get the justice and closure they deserve when tragedy strikes.
