The Grieving Families Act: 2024-2025 Status of NY Wrongful Death Reform

What Is the Grieving Families Act?

The Grieving Families Act is proposed New York legislation (Senate Bill S.6636 / Assembly Bill A.6698 and subsequent versions) that would amend EPTL 5-4.1 to modernize New York wrongful death law. The Act would:

- Allow recovery for grief, sorrow, and emotional distress: The most significant change. Currently, New York does not allow families to recover for the emotional loss of a loved one. The Act would allow recovery for grief, sorrow, loss of companionship, and emotional distress. - Expand the definition of distributees: Currently, only statutory distributees (spouse, children, parents, siblings) can recover. The Act would expand the definition to include domestic partners, close friends, and other family members who were close to the decedent. - Extend the statute of limitations: Currently, the wrongful death statute of limitations is 2 years from the date of death. The Act would extend it to 3.5 years, giving families more time to pursue claims.

The Act is named for the families who have been denied justice under New York restrictive wrongful death law -- families who lost loved ones and were told that their grief had no legal value.

The Problem with Current New York Wrongful Death Law

New York wrongful death law, as codified in EPTL 5-4.1, was enacted in 1847 -- modeled after Lord Campbell Act in England. While the statute has been amended over the years, its fundamental structure remains, and its limitations are increasingly seen as outdated and unjust:

No recovery for grief or emotional distress: - A parent who loses a child cannot recover for the emotional devastation - A spouse who loses their partner cannot recover for the loss of companionship - A child who loses a parent cannot recover for the loss of guidance and nurturing (beyond the economic value) - This is particularly harsh in cases involving children, retirees, and non-wage-earners, whose pecuniary loss may be minimal but whose emotional loss is immeasurable [Link to: /wrongful-death/pecuniary-loss]

Limited distributees: - Only statutory distributees (spouse, children, parents, siblings) can recover - Domestic partners, close friends, and other family members cannot recover, even if they were close to the decedent - This is particularly harsh for unmarried couples and non-traditional families

Short statute of limitations: - The 2-year deadline is one of the shortest in the United States - The infancy toll does not apply, meaning minor children must file within 2 years of a parent death [Link to: /wrongful-death/eptl-5-4-1] - Families grieving the loss of a loved one may not be ready to consult an attorney within 2 years

New York is one of only a few states (including Alabama, Delaware, and Massachusetts) that do not allow recovery for emotional loss in wrongful death cases. Most states allow such recovery -- recognizing that the loss of a loved one is not just a financial loss, but a deeply emotional one.

What the Grieving Families Act Would Change

If enacted, the Grieving Families Act would make several significant changes to New York wrongful death law:

• Recovery for grief and emotional distress: Families could recover for grief, sorrow, loss of companionship, and emotional distress -- recognizing that the loss of a loved one is not just a financial loss, but a deeply emotional one.
• Expanded distributees: The definition of who can recover would be expanded to include domestic partners, close friends, and other family members who were close to the decedent -- recognizing non-traditional family structures.
• Extended statute of limitations: The deadline for filing wrongful death claims would be extended from 2 years to 3.5 years, giving families more time to grieve and consult an attorney before filing.
• Modernized damages: The damages framework would be modernized to reflect the realities of modern family life, including the value of non-wage contributions (child care, household services, guidance) and the emotional bonds between family members.

Legislative History: Vetoes and Revisions

The Grieving Families Act has a long and contentious legislative history:

- First introduced: The Act was first introduced in the New York legislature in the early 2000s, in response to growing criticism of New York restrictive wrongful death law. - Passed by the legislature (multiple times): The Act has been passed by both the New York Senate and Assembly multiple times, with bipartisan support. - Vetoed by Governor (multiple times): Each time the Act has passed the legislature, it has been vetoed by the Governor. The vetoes have cited concerns about the cost to municipalities and healthcare providers, the potential for increased insurance premiums, and the open-ended nature of emotional distress damages. - 2023 veto: The most recent veto occurred in 2023, when Governor Hochul vetoed the Act, citing concerns about the cost to taxpayers and the potential impact on healthcare and municipal budgets. - 2024 revisions: In response to the 2023 veto, revised versions of the Act were proposed in 2024, addressing some of the Governor concerns -- including caps on emotional distress damages, limitations on retroactivity, and exclusions for certain types of defendants. - 2025 status: As of the date of this article, the revised Grieving Families Act has not been enacted into law. The legislative effort continues, with advocates pushing for passage in the 2025 session.

The ongoing legislative battle reflects the tension between advocates for wrongful death reform -- who argue that New York law is outdated and unjust -- and opponents who argue that expanded liability would increase costs for municipalities, healthcare providers, and insurance companies.

2024-2025 Status of the Grieving Families Act

As of the date of this article (2025), the Grieving Families Act has not been enacted into law. The current status:

- The Act has not passed both houses of the legislature in its revised form: While earlier versions passed, the revised versions (addressing the Governor veto concerns) are still working through the legislative process. - Advocates continue to push for passage: Trial lawyers, victim advocates, and families affected by New York restrictive law continue to advocate for the Act. - Opposition remains: Municipalities, healthcare providers, insurance companies, and business groups continue to oppose the Act, citing cost concerns. - New York wrongful death law remains unchanged: Under current law, damages are limited to pecuniary loss, distributees are limited to statutory beneficiaries, and the statute of limitations is 2 years.

If the Act is enacted in the future, it may apply retroactively to cases pending at the time of enactment, or it may apply only to deaths occurring after the enactment date. The retroactivity provision has been a point of contention in the legislative debate. Families with pending or potential wrongful death claims should consult with an attorney to understand how any future changes may affect their case.

[Link to: /wrongful-death/eptl-5-4-1]

How the Grieving Families Act Would Affect Your Case

If the Grieving Families Act is enacted, it could significantly affect your wrongful death case:

- Increased damages: If your case qualifies, you could recover for grief, sorrow, loss of companionship, and emotional distress -- in addition to pecuniary loss. This could substantially increase the value of your case. - Expanded beneficiaries: If you are a domestic partner, close friend, or non-traditional family member, you may be able to recover if the Act is enacted. - Extended deadline: If your case is nearing the 2-year statute of limitations, the extended 3.5-year deadline (if enacted) could give you more time to file. - Retroactivity: Whether the Act applies to pending cases or deaths that occurred before enactment depends on the final legislation. Consult with an attorney to understand how any future changes may affect your case.

Even if the Act is not enacted, you may still have a valuable wrongful death claim under current law -- particularly if the decedent was a wage earner, a parent of young children, or a provider of significant services. Do not wait for legislative reform to pursue your claim -- the 2-year statute of limitations continues to run. [Link to: /wrongful-death/pecuniary-loss]

What to Do While Waiting for Reform

While the Grieving Families Act is not yet law, families should not wait to pursue wrongful death claims. Under current law:

• File within the 2-year statute of limitations: The current deadline is 2 years from the date of death. Do not wait for legislative reform -- the deadline continues to run.
• Pursue pecuniary loss damages: Even without recovery for grief, pecuniary loss can be substantial -- particularly for employed adults, parents of young children, and providers of significant services. [Link to: /wrongful-death/pecuniary-loss]
• Pursue survival action damages: If the decedent experienced conscious pain and suffering before death, a survival action under EPTL 11-3.2 can recover these damages. [Link to: /wrongful-death/survival-action]
• File notices of claim on time: If the defendant is a municipal entity, the 90-day notice of claim deadline applies. [Link to: /wrongful-death/notice-of-claim-nyc]
• Obtain Letters of Administration: Begin the Surrogate Court process immediately. [Link to: /wrongful-death/letters-of-administration]
• Consult with an attorney: An experienced wrongful death attorney can evaluate your case, calculate pecuniary loss, and advise you on how any future legislative changes may affect your case.

What to Expect Working with MDLaw Firm

When you contact MDLaw Firm about a potential wrongful death case:

• Free Consultation: We listen to your story and review the basic facts.
• Current Law Evaluation: We evaluate your case under current New York law, calculating pecuniary loss and assessing survival action claims.
• Legislative Monitoring: We monitor the status of the Grieving Families Act and advise you on how any future changes may affect your case.
• Deadline Protection: We ensure all deadlines are met -- including the 2-year statute of limitations, the 90-day notice of claim (for municipal defendants), and the Surrogate Court process.
• Litigation: We file within all applicable deadlines and handle all aspects of discovery and trial.
• Resolution: We pursue maximum compensation through settlement or verdict.

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.