As one of the minority states which fails to provide adequate compensation for non-economic damages in wrongful death claims, New York’s legislature pushes forward the Grieving Families Act to provide families with the proper compensation for their grief and loss. While Governor Hochul initially vetoed the bill in January 2023 due to concerns about the underlying economic implications, the amended bill addresses the Governor’s concerns, and both chambers hope to pass the bill with Governor Hochul’s signature.
When another person’s negligence results in the death of your loved one, the emotional toll and loss individuals suffer impacts various aspects of life. For example, a child losing a parent will no longer have a nurturing and guiding figure. From graduation to buying their first home, the loss of their parents will follow them emotionally for the rest of their life. New York’s current laws do not account for those aspects within wrongful death lawsuits, and in turn, many hope to see this law pass for the benefit of families affected by the loss of their loved ones.
What Damages Can You Recover in a New York Wrongful Death Claim?
Because the Grieving Families Act has yet to receive the Governor’s signature, the bill is not in effect, and families are unable to receive non-economic damages for the loss of their loved one in a wrongful death claim. The following are the current eligible damages families may recover with the help of an attorney:
- Medical expenses before the individual’s passing, including:
- Emergency transportation
- Medications
- Surgical fees
- Nursing and attention
- Funeral expenses:
- Fees for basic services
- Cremation fees
- Transfer of the deceased to the funeral home
- Other economic damages
With the amended Grieving Families Act, New York’s legislature hopes to provide individuals with the proper compensation for the grief, loss, and emotional toll individuals suffer after a loved one’s death. Some of the examples of damages they are looking to push through include the following:
- Grief or anguish caused by the deceased’s death and for any disorder caused by such grief or anguish
- Loss of love, society, protection, comfort, companionship, and consortium resulting from the deceased’s death
- Pecuniary injuries, including loss of services, support, assistance, and loss or diminishment of inheritance, resulting from the deceased’s death
- Loss of nurture, guidance, counsel, advice, training, and education resulting from the deceased’s death
On June 6th, the New York State Senate passed The Grieving Families Act with overwhelming bipartisan support and hopes to receive Governor Hochul’s signature. With both New York’s assembly and senate approving the bill, families are one step closer to receiving the proper recognition for the emotional and non-economic toll in wrongful death lawsuits.
After over a hundred years of invalidating the toll grief and loss have on New York families, the advancement of this legislation speaks volumes about New York’s current system and the passion current legislation has to provide New Yorkers with the proper compensation in wrongful death lawsuits.
If another person’s negligence resulted in your loved one’s death, keeping an eye on the Grieving Families Act is vital for your situation. The Law Office of Cohen & Jaffe, LLP is committed to providing current and accurate information. Our team will continue to inform you on the case details throughout your wrongful death claim and calculate the accurate total of compensation you deserve.
Stay Up-To-Date on the Grieving Families Act With the Law Office of Cohen & Jaffe, LLP
When you’re battling the financial, emotional, and physical loss of a loved one, our team will offer solid support every step of the way. Don’t hesitate to speak with our compassionate and empathetic team at the Law Office of Cohen & Jaffe, LLP. We understand what it takes to have a successful lawsuit and will fiercely fight for the justice your loved one and family deserve.
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