News12 New York
Where to Watch
Download the App
Local News
Crime
Weather
beWell
The East End
Crime Files

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.”

Blaise Gomez

Oct 8, 2024, 5:25 PM

Updated

Share:

More Stories

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.

More Stories

Top Stories

00:54
5152026HVraja_2026-05-15-08-37-58

Couple pleads guilty to stealing over $3.4M from Medicaid in Orange County

02:09
F Temp GFS 25k

Taste of Summer on the way as temps could see 90 next week!

01:23
blaise monroe

Surveillance video shows van crash into Monroe insurance office

01:40
5152026WC12diane_2026-05-15-12-18-51

Ramapo police investigate reports of people sprayed, hit with objects in Monsey

01:50
0515poughkeepsiedowntown_2026-05-15-18-20-53

Housing, bars and groceries: Poughkeepsie leaders plan to upgrade downtown through coveted state grant

01:52
0515newroprotest_2026-05-15-17-21-28

New Rochelle restores elementary band, orchestra funding after community pushback

news12

Connecticut Department of Health urges shellfish safety from imported products amid hepatitis A investigation

01:40
0515elmsfordprotest2_2026-05-15-17-46-26

Parents, students protest alleged forced resignations in Elmsford School District

01:33
0515mtvernondeed_2026-05-15-17-28-40

Mount Vernon officials warn about deed theft

Harvey Weinstein

Harvey Weinstein rape retrial ends in mistrial as jury deadlocks

01:18
blaise ben's fresh

Port Jervis burger joint wins New York’s ‘Best Burger’ title

00:29
0515hvdomestic_2026-05-15-12-08-04

Man faces multiple charges after fleeing scene of domestic incident in Monroe

00:54
0514somersfatalax_2026-05-14-17-09-47

Person dies in vehicle collision in Somers

blaise nfa threat

Police investigate swatting incident at NFA North after reported gun threat

00:21
5152026INFANTDEATHGUILTYPLEA_2026-05-15-06-00-13

Dutchess County father pleads guilty in death of infant daughter

01:50
Screenshot 2026-05-15 053054

Playland Park reopens for 98th season with Dragon Coaster return and $150M in upgrades

02:07
Asha2_2026-05-15-05-33-32

Dermatologist says one sunburn can increase risk of skin cancer

01:56
0514firefighterbill_2026-05-14-22-10-42

New York lawmakers move to boost volunteer firefighter, EMS tax credit

00:25
5142026MIDDLETOWNCHILDABUSE_2026-05-14-05-37-03

Connecticut man faces child exploitation charges in Orange County

01:40
wchvshakespeare5145p_2026-05-14-17-29-24

Shakespeare moves from temporary tent to $30 million theater in Putnam County

App StoreGoogle Play Store

info

Newsletter

Send Photos/Videos

Contact

About Us

News Team

News 12 New York

follow us

Twitter

Facebook

Instagram

more resources

Optimum Corporate

Optimum Service

Advertise on News 12

Careers

Content Removal Policy

© 2026 N12N, LLC

Privacy Policy

Terms of Service

Ad Choices