Last year, the New York State Senate and Assembly passed Bill S74A, also known as the Grieving Families Act, which amended the law regarding payment and distribution of damages in wrongful death actions. Thereafter, Governor Hochul vetoed the Act and, earlier this year, the Act was revised. This year, the Senate and Assembly passed the Act again. It currently awaits Governor Hochul’s signature or veto.
By way of background, the Act (1) extended the time to bring a wrongful death action for up to three years and six months, (2) permitted recovery for emotional loss when a tortfeasor is found liable for causing a death, and (3) permitted recovery by close family members which included a spouse or domestic partner, children, grandparents, stepparents, and siblings. It also replaced the term “distributees” with “persons for whose benefit the action is brought”. Finally, it stated that the Act shall take effect immediately and apply to all pending actions commenced on or after such date.
The Act collected significant support and cleared the New York State Senate in June 2022, gathering a vote of 57-6. The bill advanced to the New York State Assembly where it received more support in July 2022, securing a vote of 147-2. However, Governor Kathy Hochul vetoed the Act on January 30, 2023. She agreed with the objective of the bill, but raised some concerns which included the potential creation of open-ended beneficiary groups, the confusion that may result for judges and litigants regarding the wide-ranging types of damages, potential for conflicting claims for damages in ongoing legal cases, and the potential rise in insurance costs burdening families and small businesses.
In order to ease the Governor’s concerns Senator Holyman and Assembly member O’Donnell reintroduced the Grieving Families Act in May 2023. The revised Act extends the time to bring a wrongful death action to only three years after a close family member’s death to file a wrongful death suit. The eligible classes of individuals entitled to damages would include spouses, domestic partners, children, parents, grandparents, siblings, stepchildren, stepsiblings, and individuals who stood in loco parentis to the deceased. The Act also outlines the limitations of non-economic damages incorporating aspects such as grief, loss of companionship, consortium, support, protection, and pain and suffering. It also has been amended to only apply to causes of action that arose on or after July 1, 2018.
The effects of the passing of this Act would include the expansion of the definition of a family member allowing more individuals to bring a wrongful death lawsuit. Additionally, these individuals would be able to seek both economic and non-economic damages. There is still a concern that because the Act allows insurance companies to pay for grief, pain, and suffering this will cause for higher insurance premiums. Furthermore, there might be confusion, increased costs and competition for the claims of damages. The Act was passed on June 6, 2023, by the Senate and a few days later by the Assembly. The Act will now go to the Governor for consideration.
Callahan & Fusco will continue to monitor the status of the Act and any corresponding court decisions on this issue.