For over one hundred years, New York law has restricted wrongful death damages to pecuniary losses sustained by a decedent’s family. The plaintiff’s bar has succeeded in persuading both houses of the State Legislature to pass the “Grieving Families Act” to add elements of grief or anguish caused by a decedent’s death. The amount to be awarded would be at the discretion of the jury, with no cap set in the legislation. It is now up to Governor Kathy Hochul, to sign the bill, or veto it, possibly with recommendations for changes. It is expected that opposing sides, such as the insurance industry, will be consulted by the Governor.
Specifically, the Act would add as compensation for wrongful death a value for the “grief or anguish caused by a decedent’s death, and for any disorder caused by such grief or anguish” and “the loss of love, society, protection, comfort, companionship, and consortium resulting from the decedent’s death.” Such damages have never been part of New York wrongful death claims and would greatly increase exposures for defendants and insurers if the Act becomes law in its present form. Among other things, the Act would provide compensation for the wrongful death of a child or other non-income producing family member. Under existing law, those claims have had relatively low pecuniary value. The Grieving Families Act takes its name from its aim to provide monetary damages because of grief suffered at the loss of a family member, even in the absence of pecuniary loss.
As written the Act would expand the statute of limitations from the present two years to three and one-half years from the decedent’s death. If signed by the Governor, the Act would take effect immediately and would apply retroactively to all pending actions, as well as actions commenced on or after that date.
We shall report further on any action by Governor Hochul.