New York's Senate and Assembly have passed the Grieving Families Act, which now awaits the governor's signature. If passed, this Act would bring significant changes to wrongful death cases in New York, expanding the surviving family's potential damages.
Currently, a surviving family member has only two years from the date of their loved one's death to file a wrongful death case. And they are limited to fair and just compensation for “pecuniary” damages resulting from their loved one's death. Essentially, this meant that under current New York law, a family could only recover the financial loss they suffered when their loved one was killed as a result of someone else’s fault. This includes: loss of their future earnings the decedent would have contributed to the support of their family members, the loss of any future inheritance the deceased would have left to the family if they had lived longer, any medical expenses incurred prior to their death, and the funeral expenses for the deceased. Put another way, this means that in New York, a person’s life was only worth the amount of money they earned and there is no accounting for the multitude of other meaningful ways a person impacts and contributes to the lives of their family. Specifically, New York’s current wrongful death laws exclude what is commonly referred to as the “pain and suffering” of the surviving family members at the loss of their loved one
The Grieving Families Act expands recovery for surviving families. The new law would include recovery for grief or anguish, and the loss of love, society, protection, comfort, and companionship. It includes any disorder caused by the grief or anguish suffered by the surviving family member, such as depression, anxiety, and addiction. And it adds close family members to those who can recover, including: spouse or domestic partner, children, parents, grandparents, step-parents, and siblings.
Finally, the law will also increase the statute of limitations on wrongful death cases by 18 months. If passed, New York will finally be aligned with other states, which have seen large damage awards. The law would take effect immediately and would apply to all pending and future actions. Damage awards in New York will increase substantially.
If you or a loved one have been injured, or a loved one has been killed in an accident, please contact us right away.
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