Grieving Families Act---Amending New York State's Current Wrongful Death Law

We frequently speak with individuals who have lost a loved one due to the negligence of another. Understandably, it is very difficult for them to hear that New York State law only allows for certain individuals to recover certain types of damages as compensation for their loved one’s death.

Under New York State’s current law if a wrongful death lawsuit is successful, only the decedent’s children, spouse, or parents (if the decedent was unmarried and had no children) may receive compensation from a wrongful death action.

The compensation these certain parties may receive is also limited to only the economic damages that were suffered as a result of the decedent’s death. These include funeral and burial costs, medical expenses, loss of future earnings, loss of services, and decedent’s pain and suffering prior to death.

There are presently no damages available for the emotional loss that a decedent’s surviving family members have suffered.

In only providing for the recovery of economic damages, New York’s law bases the value of someone’s life on their financial contributions to their family. The family members of a deceased elderly person or a newborn would be more unlikely than that of a middle-aged high wage worker to recover significant economic damages.

In an effort to provide damages for the emotional pain and suffering experienced by families of wrongful death victims, the New York State Senate and New York State Assembly have passed Senate Bill S74A known as the Grieving Families Act.

The Grieving Families Act would allow for close family members of the wrongful death victim, including domestic partners, grandparents, step-parents, siblings and other surviving close family members, to recover compensation for their loved one’s death. In addition to the economic damages that are available, family members may also be able to recover for the emotional pain resulting from the decedent’s death and loss of love, companionship, comfort, and protection.

We understand that the loss of a loved one can create damages that are beyond measure economically, especially when the death is caused by another’s negligence or malpractice. We are currently following Governor Hochul’s decision whether to enact the Grieving Families Act closely in the hope that we are able to help more family members obtain rightful compensation for the death of their loved one.

Posted on December 1, 2022 .