On June 2, 2022, the New York Senate and Assembly passed Bill S74A, also known as the Grieving Families Act (GFA), amending the law concerning the payment and distribution of damages in wrongful death actions. Governor Hochul will likely sign the bill into law. The current law, passed in 1847, precludes close family members from compensation for their non-economic loss in wrongfull death suits.
Section 1 of the legislation extends the time permitted to bring a wrongful death action to three years and six months compared to the two years now, thus giving families sufficient time to grieve before assembling evidence for a case.
Section 2 permits recovery for emotional loss when a tortfeasor is found liable for causing a death.
Section 3 permits recovery by close family members, which may include but are not limited to, a spouse or domestic partner, children, grandparents, stepparents, and siblings. Whether someone is a close family member is an issue for the factfinder to decide based upon the specific circumstances relating to the person’s relationship with the decedent.
Section 4 replaces the term “distributes” with “persons for whose benefit the action is brought” since current law permits only the distributees of the estate to recover.
Section 5 states that the act shall take effect immediately and apply to all pending actions and actions commenced on or after such date.
Proponents argue the current law’s language is too narrow because it measures the worth of family members solely by their value as wage earners. Furthermore, it precludes emotional damages. At least 41 other states compensate family members for emotional loss. Proponents further argue this bill assists family of the deceased and deters the negligent and reckless behavior, that leads to needless deaths.
Critics argue signing the bill into law could significantly increase the number of wrongful death cases. Furthermore, civil complaints alleging wrongful death could contain several plaintiffs on behalf of the decedent. The increase in plaintiffs per lawsuit may drastically extend the life of a case and will increase litigation costs, settlement demands, and verdicts. In addition, some fear the bill could cause more economic harm than good to New Yorkers as a whole.
Callahan & Fusco will continue to monitor the status of Bill S74A and any corresponding court decisions on this issue.