A high-stakes political and legal showdown is entering its final hours in New York. Governor Kathy Hochul must soon decide whether to sign or veto the Grieving Families Act, a long-awaited reform designed to modernize the state’s nearly two-century-old wrongful death statute. The bill has once again passed the Legislature with overwhelming bipartisan support for the fourth consecutive year. However, despite this strong consensus, the measure continues to stall on the governor’s desk.
New York’s wrongful death law, written in 1847, restricts families to recovering only “pecuniary loss,” a narrow measure that ties the value of a life solely to earning potential. As a result, grief, emotional anguish, and loss of companionship are excluded entirely. Consequently, families who lose loved ones to negligence often face legal outcomes that fail to acknowledge the depth of their suffering.
If the governor does not sign the Grieving Families Act, New York will remain one of the few states still using such an outdated and restrictive system.
Why the Grieving Families Act Targets an Outdated Law
New York’s current statute does not reflect modern families or present-day understandings of human loss. Moreover, children, seniors, stay-at-home parents, caregivers, and low-wage workers face the harshest impact because the law assigns minimal value to their lives. In addition, marginalized communities experience disproportionate harm, further widening existing racial and socioeconomic inequities.
Supporters of the Grieving Families Act emphasize that nearly every other state already allows families to recover for grief and loss of companionship. Therefore, New York’s refusal to recognize these damages leaves many households without meaningful acknowledgment of their suffering.
“Families endure life-altering trauma when negligence takes a loved one,” says attorney David B. Lever. “Our laws should reflect that reality not rely on standards written in 1847.”
What the Grieving Families Act Would Change
The Grieving Families Act would update New York’s wrongful death law in several meaningful ways. Together, these changes aim to bring the state in line with national norms and modern values.
Expands Recognized Damages
The bill would allow juries to consider grief, emotional anguish, and loss of companionship. Consequently, families would receive recognition for the emotional toll of wrongful death something most states already provide.
Expands Eligibility
The Act modernizes who may bring a claim. For example, it includes domestic partners and close relatives who experience genuine emotional loss.
Extends Filing Deadlines
The bill gives families more time to file claims, which is especially important during periods of shock and mourning. In addition, this extension ensures families can pursue justice without unrealistic time pressure.
Addresses Governor Hochul’s Prior Concerns
Lawmakers revised the legislation to address the governor’s earlier feedback on scope and clarity. Therefore, this year’s version directly responds to those concerns and offers clearer guidelines for courts.
Importantly, the Grieving Families Act does not create unlimited damages or alter core liability rules. Instead, it simply gives juries the ability to evaluate the full impact of wrongful death.
Insurance Industry Concerns Under Scrutiny
Opposition to the bill continues primarily from insurance carriers and large corporations. However, their warnings of rising premiums lack evidence. States that enacted similar reforms did not experience the economic consequences predicted by the industry.
Furthermore, families already face immense financial strain under the current law. For example, when a caregiver or low-wage earner dies, families often lose childcare, income, or stability. Consequently, many households slide into debt, eviction, or dependency on government support costs that ripple through communities and the state.
“The insurance industry focuses on hypothetical increases in premiums,” Lever notes. “But it ignores the real financial fallout families already confront under the outdated law.”
Why the Grieving Families Act Represents Modern Justice
Supporters argue that the Grieving Families Act is not about placing a price on human life. Instead, it recognizes the emotional injury families face and brings New York’s justice system into alignment with contemporary values.
Critics claim expanded damages could create complexity. However, nearly every other state has implemented similar reforms without major issues. Moreover, the bill’s repeated bipartisan passage signals broad agreement that New York is overdue for change.
“New York should not be the state that treats a child’s life or a caregiver’s life as valueless,” Lever says. “Families deserve fairness and accountability.”
A Decision That Will Shape New York’s Future
Governor Hochul’s decision will shape New York’s civil justice system for decades. Signing the Grieving Families Act would align the state with national norms and recognize the full scope of harm caused by wrongful death. On the other hand, vetoing the measure would preserve an outdated 19th-century law that no longer reflects the lived experiences of New Yorkers.
As a result, families who have lost loved ones are waiting not only for compensation but also for acknowledgment that their grief matters.
“As the deadline approaches,” Lever says, “Governor Hochul has the opportunity to bring fairness and compassion to New York’s wrongful death statute. Signing the Grieving Families Act is the right decision.”
About David B. Lever
David B. Lever is the Founder and Senior Partner of Lever & Ecker, PLLC, a respected personal injury law firm based in White Plains, New York. With more than 30 years of experience, he has secured multimillion-dollar verdicts and settlements, including a confidential $12 million resolution for a catastrophically injured client.
Furthermore, Lever has earned consistent recognition, including placement on the New York Metro Super Lawyers list since 2020 and honors as one of Westchester County’s Top 25 Lawyers and Hudson Valley’s Top Lawyers. In addition, he serves on the Board of Directors for Adults and Children with Learning Disabilities (ACLD), reflecting his ongoing commitment to community advocacy.
Through his legal work and public engagement, Lever continues to champion justice, integrity, and meaningful reform for families across New York.
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