When an individual, business or government body causes a fatal incident, the harm experienced by the victim’s loved ones is irreversible. Nothing can completely undo the effects of a wrongful death, but monetary compensation through a legal claim is the way that our justice system holds liable parties accountable and provides a measure of relief to bereaved family members.
While New York authorizes wrongful death actions, many people believe that state law is too restrictive in this area, unfairly preventing certain loved ones from filing suit and restricting damages to economic harm stemming from the loss. As a result, both legislative houses have approved the Grieving Families Act (GFA) on multiple occasions. However, Governor Kathy Hochul has vetoed the bill for the third time, leaving advocates questioning the future of this legislation.
Specific elements of the GFA the following:
- Expansion of eligible claimants — Under existing New York law, only surviving spouses and minor children can collect wrongful death damages. The proposed legislation allows domestic partners, adult children and other close family members to be plaintiffs in these cases.
- Inclusion of non-economic damages — Unlike many other states, New York law permits recovery only for financial losses, such as income the decedent would have been expected to earn over their lifetime. Should the GFA eventually become law, family members could seek damages for specific types of emotional harm, including grief and loss of companionship.
- Additional time for filing — The GFA proposes extending the statute of limitations for wrongful death claims from two to three-and-a-half years, giving families more time to seek justice.
Reasons given for opposing the GFA include concerns about higher liability insurance costs and whether broadening the group of eligible plaintiffs will lead to inappropriate financial recoveries. Governor Hochul has indicated that she would welcome further analysis to find a balance between expanding wrongful death rights and mitigating economic consequences.
If a family member died as a result of someone else’s negligence or willful misconduct, please call Goldberg Sager & Associates at 718-645-6677, or contact us online for a free consultation. We serve clients from Brooklyn, Queens, Manhattan, The Bronx and Staten Island, as well as Westchester, Nassau and Suffolk counties.
