For years, advocates have pushed to change New York’s wrongful death law, which remains rooted in an 1847 framework. Under the current system, damages in wrongful death cases are still tied largely to pecuniary loss. Simply put, a family’s grief for the loss of a loved one who died as a result of negligence, violations of the Labor Law or medical malpractice is not compensable. As a result, it often undervalues the lives of children, retirees, stay-at-home parents, and others whose worth cannot be measured by income alone.
The Push For Reform
The New York State Legislature has repeatedly attempted to update the law to bring New York in line with almost every other state in the U.S. to allow grieving family members to seeking compensation for the loss of a loved one. However, Governor Kathy Hochul has vetoed multiple versions of the Grieving Families Act multiple times. In her veto messages and public statements, she has acknowledged a key-point that supporters have made for years: New York’s current law is unfair in many cases, and valuing life by earning potential can reinforce inequity. But, the governor contends that the proposed reforms are too broad, insufficiently studied, and likely to increase insurance costs and strain the healthcare system.
"That debate is important. Costs matter. Access to healthcare matters. Legislative precision matters. But do not grief, anguish, and loss of companionship matter too?"
Why The Act Matters
New York needs the Grieving Families Act because families deserve more than a system that reduces love to lost earnings. They deserve a law that recognizes that pain matters. Fear matters. Companionship matters. Care matters. Grief matters.
Most of all, people matter, even when they are silent, disabled, unconscious, elderly, unemployed, or unable to generate income.
About Grandelli & Eskenasi
If your family is facing the aftermath of a catastrophic injury or wrongful death, you deserve answers, accountability, and a legal team that understands the full human weight of your loss. At Grandelli & Eskenasi, we fight tirelessly for individuals who have been seriously injured due to the negligence of others. This reflects our commitment to holding powerful entities, including the City of New York, accountable when their actions cause life-altering harm. If you or a loved one has been injured in a workplace accident or motor vehicle incident, contact Grandelli & Eskenasi for a free consultation.