New York’s Grieving Families Act: Vetoed Again, but What’s Next?

Just before the holidays, Governor Hochul vetoed the third iteration of New York’s controversial Grieving Families Act. The legislation aimed to overhaul New York’s wrongful death laws but has faced significant opposition. The obvious question is whether a fourth version might succeed. The short answer: possibly.

We’ve included a copy of the Governor’s veto memo, which offers insight into her decision and highlights the concerns that led to the veto.

What the Grieving Families Act Proposed

This latest version of the Grieving Families Act sought to make significant changes to wrongful death law in New York, including:

• Expanding Damages: Adding non-economic damages, such as grief and emotional anguish.
• Broadening Eligible Claimants: Allowing recovery by relatives aligned with inheritance rights, as well as individuals with a “significant relationship” to the deceased (a fact-intensive inquiry likely to increase litigation complexity).
• Extending the Statute of Limitations: Enlarging it to three years.
• Retroactivity: Applying the law to claims dating back to January 1, 2021.

Currently, New York law (N.Y. Est. Powers & Trusts Law § 5-4.1) limits recoverable damages to funeral expenses, financial support, parental guidance, healthcare expenses, and the deceased’s conscious pain and suffering. Proponents, including the New York State Trial Lawyers Association, argue the law is outdated, while opponents cite concerns about increased costs for businesses and the potential for skyrocketing insurance premiums, particularly in healthcare.

Governor Hochul’s Concerns

While acknowledging the need for reform, Governor Hochul cited economic concerns, particularly the potential adverse impact on New York’s healthcare system and businesses, as reasons for her veto. She expressed openness to a more conservative version of the law.

What’s Next?

The New York legislature returns to session on January 8, 2025. Given the intense advocacy surrounding this issue and the significant financial implications, it’s likely the wrongful death legislation will resurface in some form. Whether lawmakers can address the Governor’s concerns and pass a revised Grieving Families Act remains to be seen.

We’ll continue to monitor developments and provide updates on the legislation as it progresses.