The loss of a loved one can have long-term impacts on family members, lasting decades after their passing. The resulting grief may stop you from going about your daily life as you once had before this tragic event. Thanks to a newly-passed bill in New York, grieving family members may be able to find a bit of solace by being compensated for the grief and emotional suffering they endured as a result of their loved one’s death.
In early June 2022, the New York legislature passed the Grieving Families Act (S74A), which has since been sent to Governor Hochul’s desk where it is anticipated it will be signed into law. The bill will expand the current allowable compensable damages in wrongful death lawsuits to permit for monetary recovery for grief and emotional damage suffered by close family members of the injured party. Additionally, the law extends the existing statute of limitations to file a wrongful death case from two years to three and one-half years. While no amount of money can bring back a loved one, the Grieving Families Act is an overdue update to existing law that will compensate family members for the emotional toll felt as a result of their loved one’s death.
Wrongful death cases can range from deaths due to car accidents, medical malpractice, workplace injuries, or defective products amongst a multitude of other scenarios. Presently, New York law awards compensation for: (a) the decedent’s conscious pain and suffering, and, (b) pecuniary losses resulting from wrongful death, including loss of earnings, loss of financial support and loss of care and guidance to a minor child. The present system does little to ease the emotional burden felt by grieving family members, since they could not be compensated for the pain they themselves suffered as a result of the wrongful death. Under the new law, families of wrongful death victims may receive damages for their own emotional losses as well, including loss of affection, grief and anguish, and loss of companionship.
For several decades, Sanocki Newman & Turret, LLP has been successful in litigating wrongful death lawsuits. Please call our firm at (212) 962 1190 for a free consultation so that we can evaluate your potential case or email us at info@sntlawfirm.com.