In the latest legal developments in New York, proposed changes to the Grieving Families Act (GFA) are again making headlines. These changes could profoundly impact affected families’ ability to seek justice and recover damages. Legal framework in New York limits the scope of who can file wrongful death suits and what they can recover. The GFA revisions seek to broaden the definition of family and expand the types of damages available to grieving families.
Before diving into the proposed changes, it’s important to understand the existing framework under New York law. Currently, only individuals known as “distributees” can bring wrongful death claims. Distributees include close relatives such as spouses, children, parents, and siblings. The recovery limitations are to financial losses. Families can only receive compensation for funeral expenses, lost wages, or medical bills.
However, emotional damages, such as grief, anguish, and loss of companionship, are not recoverable under the current law. This has been a limitation for families as the emotional toll of losing a loved one exceeds the financial impact.
The Grieving Families Act proposes several major changes to New York’s wrongful death law, addressing some of the key limitations that have frustrated families and their attorneys. The key proposed changes are:
One of the most significant changes proposed by the GFA is the expansion of who qualifies as a “close family member” eligible to file a wrongful death suit. Under the current, only a distributee can recover damages. The GFA would broaden this definition to include domestic partners, foster children, stepchildren and other non-blood family members who can demonstrate a “close” relationship with the decedent.
This proposed change recognizes the evolving nature of family structures and would provide legal standing to individuals who, though not related by blood, had a meaningful relationship with the deceased.
2. Inclusion of Emotional Damages
Perhaps the most anticipated change is the inclusion of emotional damages in wrongful death claims. The FGA would open the door to recovery for grief, anguish and loss of companionship. This change would finally acknowledge the emotional toll that families experience after the loss of a loved one.
While this change could provide more holistic compensation to grieving families, it has also raised concerns among businesses and insurance companies, who worry that the inclusion of emotional damages could lead to larger settlements and higher costs.
3. Extended Statute of Limitations
Another proposed change is the extension of the statute of limitations for filing wrongful death suits. Currently, families have two years from the date of the decedent’s death to file a claim. The GFA proposes extending to three years. This would provide families with additional time to gather evidence and consult with legal counsel. This would allow families more time to process the situation and determine whether legal action is appropriate.
Governor Kathy Hochul vetoed a previous iteration of GFA in early 2023, citing concerns about the broadness of the bill and its potential economic impact. She was worries that the bill would dramatically expand the pool of potential claimants. As well as that the types of damages available. Leading to increased costs for businesses and higher insurance premiums. The new versions addresses some of these concerns by narrowing the definition of who can recover. It excludes certain categories of family members, such as nieces, nephews, aunts, uncles and cousins, who were previously included. Additionally, the scope of non-pecuniary damages has been refined to focus on grief and anguish.
If passed, the changes could make a difference for families who have lost loved ones due to wrongful death. By expanding the definition of who can file a claim and allowing for emotional damages, the GFA would provide a more comprehensive avenue for families to seek justice and compensation.
For example, under the current law, a domestic partner who had been in a committed relationship with the decedent for decades would have no legal standing to file a wrongful death claim if they were not legally married. The GFA would change this, ensuring that individuals who share a close relationship with the deceased are not left out of the legal process.
Moreover, the inclusion of emotional damages would recognize the full scope of a family’s loss. The emotional pain of losing a loved one can be overwhelming. The GFA’s changes would provide families compensation for that emotional toll.
The proposed changes to the Grieving Families Act represent a significant shift in New York’s wrongful death law. Expanding the pool of eligible family members and allowing for emotional damages, the GFA would provide families with a more comprehensive way to seek justice after the loss of a loved one. While the bill still faces some opposition, its passage could bring much-needed relief to grieving families across the state.
