On May 2, 2023, New York State lawmakers introduced an amended Grieving Families Act (“proposed Act”). If enacted, the proposed Act would overhaul New York’s wrongful death statute by expanding who could sue for wrongful death, extending the period in which a wrongful death action can be brought, and permitting recovery of damages due to emotional loss (in addition to monetary loss).
On January 20, 2023, Governor Hochul vetoed a prior version of the proposed Act (which had been passed by the Senate and Assembly) based, at least in part, on its potential unintended consequences – increases in already-high insurance burdens on families and small businesses as well as further strains on already-distressed healthcare workers and institutions. The proposed Act is aimed at addressing these concerns and is expected to be fast-tracked for approval and enactment.
Below we provide a brief outline of the proposed Act’s key components and address its potential consequences.
The proposed statute of limitations for filing a wrongful death lawsuit is three years (extended from the current two-year statute of limitations).1
The proposed Act provides for six types of damages:
The proposed Act provides that “close family members” are entitled to the damages listed above.
The proposed Act is to be applied retroactively to all causes of action accruing on or after July 1, 2018, regardless of when they are filed.
We anticipate that if it becomes law, the proposed Act will significantly impact the frequency and nature of wrongful death litigation throughout the state. As we look ahead, here is some of what we expect:
We understand the uncertainty brought about by legislative changes. Chartwell Law’s highly experienced attorneys are available to answer any questions regarding these changes and resulting litigation concerns in New York. Please do not hesitate to contact us.
[1] Note that the bill vetoed in January had provided for a 3 ½ year statute of limitations.
[2] Note that this list limits the vetoed version of the bill’s broader group of eligible damages recipients.