What Is The Grieving Families Act?
Senate Bill S74A (A6770) seeks to amend New York’s wrongful death statute, which has been in place since 1847. New York is only one of two states (Alabama the other) which prohibit the recovery of emotional injury damages in wrongful death actions. Currently, surviving family members are permitted recovery only for pecuniary loss, such as pre-death medical expenses, funeral expenses, and loss of financial support. In short, the Grieving Families Act would modernize New York’s wrongful death statute to recognize that more than just economic support is lost when a family member is killed due to negligence.
The bill would amend the EPTL to permit surviving “close family members” to sue the tortfeasor for previously unavailable damages, including:
- Grief or anguish caused by the death and for any disorder caused by grief or anguish
- Loss of love, society, protection, comfort, companionship and consortium resulting from the death
- Loss of nurture, guidance, counsel, advice, training, and education.
Reasons For The Veto
Governor Hochul, recognizing the importance of the Grieving Families Act, released an op-ed in the New York Daily News explaining her decision to veto the bill. A copy of the op-ed can be found on the Governor’s website. The Governor defers to “experts” who have “highlighted concerns that that the unintended consequences of the far-reaching expansive legislation would be significant”. Those concerns, of course, boil down to money, with the insurance industry lobbying hard against the act.
Governor Hochul urges lawmakers—who have considered this legislation in some form or another for over ten years—to slow down and consider the impacts of the bill in a “methodical, smart way” in order to “give us time to look at data and grapple with complex issues, such as our state’s unique constitutional prohibition against limits on damages”. It is noted that New York does have a de facto limit on damages, with the Appellate Division empowered to reduce jury awards to ensure that damage awards are fair for both plaintiffs and defendants.
As for what specifically Governor Hochul would like to see changed, she recommends exempting medical malpractice claims (because victims of medical malpractice deserve less protection than others?).
What’s Next?
The bill passed 57-6 in the Senate and 147-2 in the Assembly, presumably setting up a veto-override fight (more complicated than normal due to the timing of passage of this bill). Will the legislature override Governor Hochul’s veto, or work with her to address her concerns with the bill? Voice your opinion to your representatives.