Debate continues over updating NY’s wrongful death law
“The wrongful death law is one of the most limited, restrictive laws in the country, second only to Alabama,” says Gershman. “It doesn’t include pain and suffering, loss of love, comfort.”
It’s hard to imagine a person’s life could be valued by how much money their death may cost a loved one, but under New York’s current law from the 1800’s, Pace University law professor Bennet Gershman says that’s the case.
“The wrongful death law is one of the most limited, restrictive laws in the country, second only to Alabama,” says Gershman. “It doesn’t include pain and suffering, loss of love, comfort.”
Albany lawmakers want to change that under the Grieving Families Act.
It would allow loved ones, not just next of kin, who lose someone in an accident to sue, and for civil courts to consider emotional losses, not just financial ones.
Gov. Kathy Hochul vetoed the bill under intense pressure from insurance companies and other professional groups who are against it as-is.
“It would raise the cost on just about everybody for just about everything. We oppose that,” says Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York. “We are in an affordability crisis in New York and this bill would make that drastically worse.”
The alliance estimates private, professional and business insurance premiums would increase throughout the state, if Gov. Hochul signs the bill into law.
“Her own state Division of Budget has advised against this bill. The costs are massive. The legislature has not done it’s homework in terms of the financial impact,” says Stebbins. “They say its none and that’s absurd.”
Gov. Hochul is expected to review an amended version of the bill this legislative session. In the meantime, grieving Hudson Valley families, who the new law would benefit, are publicly advocating for its passage.
“It’s very upsetting to see other people’s losses. I never thought it would happen to me until the day it did,” Charly Suarez says.
Suarez’s son was killed this year in Sullivan County foster care. He wrote a letter to the governor’s office about the bill. Tami Roach started an online petition that has thousands of signatures after the vehicular death of her son in Liberty over the summer.
“This is 2024. So many things in our society has changed that is not represented or is under represented,” says Roach.
“Our wrongful death laws are over 170 years old and fail to recognize the emotional suffering endured by family members when a loved one was killed because someone negligently causes a fatal accident. The Grieving Families Act, if passed and signed by our Governor, would fix that,” says attorney Marty Rutberg. “The time for change is long overdue.”
New York is one of a handful of states that has yet to update its wrongful death law. If signed, it would apply to cases dating back to July 1, 2018.
