Gov. Kathy Hochul this week vetoed the Grieving Families Act for a fourth time, leaving New York behind nearly every other state when it comes to compensating families for the wrongful death of a loved one.
This bipartisan legislation would have updated a nearly two-century-old law by overhauling wrongful death claims to allow for recovery by families for emotional damages. By expanding the class of individuals who can seek recovery for a fatality through negligence, it would recognize the modern-day realities of extended families to include siblings or cousins, who are otherwise not currently afforded any avenues of relief.
Equally important, this bill would have treated every life the same, whether one has spent years in the workforce or never worked a day in their life, so that compensation is not solely based on projected lost income. Finally, it would have updated the statute of limitations to give families more time to seek justice.
Hochul said nobody should be surprised by her veto. “Don’t pass the same bill four times if you want a different result,” she said during a speech this week. But this bill was different.
To appease the concerns of Hochul and other opponents of previous versions of the bill, the bipartisan group of supporters of the latest version of the act agreed to, among other things, narrow the definition of “close family members” and shorten the retroactivity from 2018 to 2021.
Apparently, that wasn’t enough, and Hochul decided to again support the insurance industry over the needs of New York families. New York remains one of only two states, along with Alabama, that don’t compensate families for emotional loss in wrongful death cases.
Those opposed to the act said it would lead to a hike in insurance premiums because of higher payouts in wrongful death lawsuits and that it would increase litigation costs, but other states are doing just fine with similar laws in place. Inaction only makes things worse. Families will continue to bear the cost — literally and figuratively. Every day without this much-needed reform means another day of learning that a loved one’s life has been appraised purely based on his or her lost wages and economic contributions or that a loved one who died was not deemed a close-enough relative to receive any compensation at all.
New York’s wrongful death law as it currently stands is archaic, unjust and desperately overdue for reform. We can do better than holding on to a statute rooted in the past. Countless numbers of families have been denied the dignity of having the full depth of their loss recognized in court.
While a fourth veto is clearly disheartening, we shouldn’t give up. We need to try again next year to finally bring New York in line with the vast majority of other states by allowing juries to consider the real harms caused by the wrongful death of a loved one — namely, grief and emotional anguish, loss of love and companionship, the loss of guidance and care, and the loss of consortium for spouses. Such a law would bring the Empire State into alignment with the principle that justice requires full accountability when someone’s negligence kills. It would allow for recompense for all the harm caused, as opposed to just the portion that can be tallied on a balance sheet.
Hochul’s re-election bid next year might make her even more likely to bow to the powerful and well-financed forces aligned against this legislation. However, a Grieving Families Act reflects modern values — something we should all embrace. While no amount of money will ever bring back a loved one, let’s ensure that those left behind are taken care of. New Yorkers deserve this law.
Eric Subin is a New York trial attorney and partner and founder of Subin LLP.
