New York is one of only three states that has neglected to update its wrongful death death statute that was enacted in 1847. Under current law the value of human life in New York for the poor, the disabled, stay at home parents, the elderly and young adults is vastly under appreciated. The current antiquated wrongful death statute discriminates in favor of families who lost a parent or spouse who was a high wage earner.  If the Grieving Families Act is signed into law by Governor Hochul, recoverable damages for the wrongful death of a close family member will provide compensation for: grief, emotional anguish, loss of affection and companionship.

The Grieving Families Act will also extend the deadline or statute of limitations for filing wrongful death claims from two years to three and a half years. Insurance companies and business associations are lobbying Governor Hochul claiming that if she signs off on this legislation - insurance premiums will skyrocket. Of course, there are 47 states across our country which have allowed a jury to award fair and reasonable compensation for emotional anguish in wrongful death actions without disrupting the financial health of of those states. See, S.74A/A.6770