Key Takeaways:

• Once again NY Gov. Kathy Hochul vetoed the bill known as the Grieving Families Act, which would have expanded the scope of compensation in wrongful death lawsuits

• If passed, the act would lead to higher compensation payouts for defendants and insurance companies, impacting New York’s liability insurance market

• Sponsors of the bill plan to propose the bill once again in the 2025 legislative session

For the third straight year, New York Governor Kathy Hochul vetoed the “Grieving Families Act,” which would have updated New York’s wrongful death law for the first time in over 175 years.

Wrongful death claims in New York are civil actions that allow certain family members or the estate of the deceased to seek financial compensation when a death has been caused by the wrongful act of another party. Under the current legal framework, these claims focus on the economic loss suffered by the survivors, such as the deceased’s future earnings potential and the financial contributions they would have made to their family.

The Grieving Families Act, known as Senate Bill S6636, proposes to expand the scope of compensation in wrongful death lawsuits beyond the current economic-based model. This legislative effort seeks to recognize and compensate for the emotional anguish and loss suffered by the family members of the deceased. The act aims to align New York’s wrongful death statutes more closely with those of other states that already allow for the recovery of damages for emotional pain and suffering.

Key features of the proposed legislation include:

• Non-Economic Damages: The act would allow the families of the deceased to recover damages for their emotional pain and suffering.
• Extended Statute of Limitations: It proposes to extend the statute of limitations for filing wrongful death claims by an additional one year and six months.
• Expanded Definition of Beneficiaries: The legislation aims to broaden the category of individuals who can be considered beneficiaries in a wrongful death claim, including permitting recovery by close family members. By expanding the definition of who qualifies as a beneficiary, more family members could participate in wrongful death claims.

This year’s version of the Grieving Families Act came with some modifications, including narrowing the definition of who can claim compensation, the amount of damages that can be recovered and the lookback window to make a claim.

For defendants and insurance companies, the proposed act could lead to higher compensation payouts in wrongful death lawsuits. This increase could impact how insurance companies assess risk and set premiums, potentially leading to broader implications for liability insurance markets in New York.

One of the bill’s sponsors said he will revive the bill in next year’s legislative session in hopes of hitting the right balance for the governor.

For more information about how this may impact your business, contact:

• Peter J. Gregory