New York in the mid-1800s was many lifetimes ago, and so much has changed in our society since that period almost 180 years ago. However, one thing that hasn’t changed in the Empire State is New York’s wrongful death law. And right now, there is a robust effort underway to change that.
Currently, New York’s wrongful death statute limits not only who can file a claim for damages but also limits the damages to economic earnings without allowing for grief and anguish. Unlike nearly all the other states, New York’s law does not allow the victim or family members to recover compensation for pain and suffering, mental anguish, or loss of companionship.
“This law is discriminatory,” said attorney Andrew Finkelstein, Managing Partner at Finkelstein & Partners. “The current statute says only those earning an income have value, and even low-income earners have little value under current law. Many women, children, and elderly people aren’t high-income earners, so when they die in a preventable way, their families are left to suffer anguish with no closure.” Finkelstein continued, “If a child dies while riding their bike because someone was texting and driving, the parents are not able to hold the driver accountable for grief and anguish simply because that child didn’t earn an income. When an elderly parent in the care of a health aide or facility falls and dies due to neglect, the family cannot recover any losses because that older parent wasn’t an income earner.”
New York’s proposed Grieving Families Act, known as Senate Bill S6636, expands the state’s wrongful death statute beyond the lost wages of the deceased, allowing the victim’s families to recover damages for grief, anguish, and emotional pain. This legislation considers the full impact of the loss of a spouse, child, stay-at-home parent, or elderly relative of the survivors. The Grieving Families Act significantly expands the list of eligible people who can file wrongful death suits on behalf of their loved one and is designed to hold the responsible party accountable for the harm they caused
The Grieving Families Act received wide bipartisan support in the state senate and assembly but has been vetoed twice by New York State Governor Kathy Hochul, who cited concerns that holding wrongdoers accountable could cost businesses money.
“In 48 states, there are laws holding wrongdoers accountable,” said Finkelstein. “In those states, insurance claims and premiums went down. Passing the Grieving Families Act could actually improve safety by forcing hospitals and employers to implement standards and work to avoid preventable injuries and deaths.”
The bill has received support from numerous trade associations, including the New York State Nurses Association (NYSNA), the New York National Association for the Advancement of Colored People (NAACP), the Retail, Wholesale and Department Store Union (RWDSU), and District Council 37, New York City’s largest public sector employee union.
Those interested in expressing their support of the Grieving Families Act can reach out to Governor Hochul at 518-474-8390 or via mail at The Honorable Kathy Hochul, Governor of New York State, NYS State Capitol Building, Albany, NY 12224.
For more information on New York’s Grieving Families Act, contact Finkelstein & Partners, a personal injury law firm that has been helping injured victims for more than 60 years, at 800-529-2676 or online.
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