As many are aware, the current wrongful death law in New York states that if a loved one is killed in an accident, the family can only recover for the conscious pain and suffering that their loved one endured before their death, which must be proven. Furthermore, they can also recover for the economic loss to the family, but in the case of a child, elderly parent, or unemployed adult, there would be no recovery for the emotional loss and grief of the loss of their loved one. The statute of limitations for wrongful death in New York is two years from the death of a loved one.
The Grieving Families Act was a bill introduced in the New York State Senate in January 2021 to expand the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought. This bill allowed loved ones to sue for emotional loss, including grief, anguish, and loss of companionship, in addition to the deceased person’s potential future income. The bill was also to extend the statute of limitations for such lawsuits and applied to all cases pending at the time it became law.
Governor Kathy Hochul first vetoed the bill in January 2023, reasoning that it was overbroad with potential to spike insurance premiums. She stated that the bill was passed without a serious evaluation of the impact of the massive changes it would make to the economy, small businesses, individuals, and the State’s complex healthcare system. Governor Hochul also mentioned that the Legislature declined the counterproposal she presented allowing parents to seek damages in the wrongful deaths of their children under 18.
The Grieving Families Act was then reintroduced in May 2023 with changes to the time to bring a wrongful death action to only three years after a close family member’s death. This meant that it would only apply to causes of action that arose on or after July 1, 2018. It narrowed the definition of who was eligible to recover damages and limited eligibility to those that have a legal relationship with the decedent, including spouses, domestic partners, children, parents, grandparents, siblings, stepchildren, stepsiblings, and individuals who stood in loco parentis to the deceased. However, even with these revisions, business groups opposed the legislation, arguing that the changing law would place new financial burdens on small businesses and increase healthcare premiums.
On December 29, 2023, Governor Hochul vetoed the Grieving Families Act for a second time, stating that the Legislature had again passed a bill that did not create the required balance and again introduced the potential for significant consequences. The Governor had concerns that the legislation would result in increased insurance premiums for most people and risk the financial well-being of health care facilities in the state.
At this time then, the Legislature’s response could be to either reach a compromise with the governor or potentially override the veto, requiring a two-third majority of lawmakers in each House to approve.
Callahan & Fusco will of course continue to monitor the status of the Act and any corresponding court decisions on this issue as they develop.