New York’s Proposed Attempt to Expand Its Wrongful Death Statute Continues Failing to Balance the Burdens on Residents and Businesses with The Rights of Grieving Families

On February 4, 2025, New York’s Senate introduced the Grieving Families Act, a proposed amendment to the state’s wrongful death statute (the “Proposed Act”). This is the Legislature’s fourth attempt to amend the wrongful death statute in recent years.

Chartwell strongly opposed previous attempts and continues to monitor this latest effort, given its potential to expand the scope of wrongful death claims and increase damages. Governor Kathy Hochul vetoed three prior versions of the legislation, citing the same concerns raised by Chartwell. Now that the amendment is under consideration once again, we highlight the major changes from the last iteration and examine the potential impact of this version.

The Current Law

New York’s current wrongful death statute compensates surviving family members based solely on pecuniary loss - the deceased person’s potential earning power plus medical and funeral costs. The statute provides a two-year statute of limitations and defines a “family member” as anyone eligible to inherit under New York’s intestacy laws (e.g., surviving spouse, children, or parents).

Prior Versions of the Proposed Act

The most recent version of the Proposed Act sought to:

• Extend the statute of limitations,
• Expand the definition of “family member” to “close family” (requiring a factfinder to assess the relationship between the decedent and the claimant), and
• Permit claims for damages related to pain and suffering.

After passing the Legislature, the last version of the Proposed Act was met with a counter-proposal from Governor Hochul. The Governor’s revisions included:

• Limiting the law to deaths of New Yorkers under 18 years old,
• Removing a provision that would have applied the Act retroactively to existing lawsuits,
• Maintaining the two-year statute of limitations, and
• Eliminating the expanded definition of “family members” eligible for damages.

When these proposed changes were rejected, Governor Hochul vetoed the legislation.

The Latest Proposed Act

The latest version of the Proposed Act incorporates some of Governor Hochul’s previous recommendations but leaves other concerns unaddressed. Key provisions of the current proposal include:

• Extending the statute of limitations to three years (consistent with earlier versions),
• Removing claims for “loss of love, society, protection, comfort, companionship, and consortium,”
• Retaining damages for pain and suffering (consistent with earlier versions),
• Limiting those with standing to bring a claim to the decedent’s:
  • Spouse or domestic partner,
  • Distributees (as defined by EPTL §§ 4-1.1, which includes grandparents, and 5-4.5, which covers non-marital children),
  • Any person standing in loco parentis to the decedent, and
  • Any person to whom the decedent acted in loco parentis, with a presumed in loco parentis relationship if the adult and the minor share or have recently shared a household.

Although this version narrows the list of potential plaintiffs from the broader “close family” language in the previous bills, it still requires a factfinder to determine who is entitled to bring a claim. The text of the legislation acknowledges this issue, stating that eligibility for damages must be determined “based upon the specific circumstances relating to the person’s relationship with the decedent.”

What Does This Mean For You?

The Proposed Act fails to address concerns about confusion, delays, and inconsistent rulings raised in opposition to prior versions. Because it still requires a factfinder to determine which potential beneficiaries are entitled to damages, it is likely to result in inconsistent decisions across cases. Additionally, the Proposed Act does not include the Governor’s previous counter-proposal to limit applicability to decedents under 18 years old, nor does it exempt medical malpractice claims. Further, the Proposed Act does not place a cap on damages for pain and suffering, something Chartwell Law has advocated for.

The Act could also contribute to a significant increase in already high insurance premiums and impose financial burdens on New York residents and business owners, particularly small businesses - an issue which is particularly concerning given the increasing trend of runaway verdicts in the state.

Chartwell's Opposition to the Act

As in previous legislative cycles, Chartwell will continue to monitor developments and advocate against changes to the wrongful death statute that would negatively impact New York residents and businesses. We recognize the uncertainty that potential legislative changes bring and are available to answer any questions regarding the wrongful death statute. Please do not hesitate to contact us.

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