The Grieving Families Act (officially known as Senate Bill S6636/Assembly Bill A6698) is a major legislative initiative that aims to increase the amount of damages recoverable in wrongful-death cases in New York. The bill was presented to the New York State Legislature, which is made up of the New York State Senate as well as the New York State Assembly. Kathy Hochul, New York’s 57th governor, vetoed this bill on January 30, 2023. She cited concerns about the practical and potential implications. The bill is a response to New York’s Estates, Powers, and Trusts Law, which governs estates, powers, and trusts. The bill aims to provide legal recourse in cases of wrongful death.
History of the Grieving Families Act
In 2021, the Grieving Families Act was introduced in New York State, and Senator Brad Hoylman, Assembly Member Daniel O’Donnell (both Democrats from Manhattan) were its sponsors. The bill received a lot of support and was passed by the New York State Senate with 57-6 votes in June 2022. The bill was boosted by the momentum and advanced to the New York State Assembly in July 2022 where it was overwhelmingly supported with 147-2 votes.
Kathy Hochul, despite receiving widespread support, vetoed the Grieving Families Act in January 2023. In her veto, Hochul expressed agreement with the objectives of the bill but also raised a number of concerns. The concerns included the creation of open-ended beneficiaries groups, the confusion that could be caused by the large variety of damages, the possibility of conflicting damages claims in ongoing cases, as well as the increase in insurance costs for families and small business.
The Revised Grieving Families Act
In May 2023, to address the concerns raised by Governor Hochul and incorporate significant revisions, Senator Hoylman, Assembly Member O’Donnell, and the Grieving Families Act were reintroduced. The updated bill is intended to strike a balanced by increasing the amount of recoverable damages, while also addressing the practical implications highlighted by Governor Hochul.
The revised bill gives New Yorkers an extra three years to file a lawsuit after the death of a family member, instead of the two-year limit. The bill clarifies the classes of people who are eligible for damages. This includes spouses, domestic partner, children, grandparents, parents, stepchildren, and stepsiblings. It also explicitly includes those who were in loco parentalis with the deceased. The bill also clearly defines the non-economic damages that can be claimed, including grief, loss companionship, consortium support, pain and suffering, and loss of protection. The retroactivity clause was also amended so that it only applies to claims that were brought on or after the 1st of July 2018.
Potential Implications & Controversies
The revised Grieving Families Act would have a significant impact on New York families who are victims of wrongful deaths. A greater number of people will be able to file wrongful death suits on behalf of deceased family members, thanks to the expansion of the definition “family member”. These lawsuits will seek damages for the full extent and scope of their losses including non-economic damage. This expansion recognizes the diversity of modern families and relationships that exist outside traditional family ties.
The revised bill acknowledges the emotional impact of the loss of loved ones by allowing for compensation for non-economic losses such as grief, pain and suffering. The bill compensates for non-economic damages in order to give families a sense of closure and justice.
The revised Grieving Families Act aims to strike a balanced between the needs of families and those of the insurance companies. However, some critics claim that this will increase costs for the insurers, and therefore, insurance premiums. Insurance companies are concerned that expanding the amount of recoverable damages, and extending the eligible family members to include more people could lead to an increase in lawsuits. Insurance companies are concerned that an increase in lawsuits could put a strain on their resources, and possibly drive up insurance costs for individuals and businesses. A retroactive law could also make it difficult to properly reserve existing losses.
Stakeholders’ Perspectives
Families and advocates have shown significant support for the Grieving Families Act. They believe that the limitations of recoverable damages do not adequately compensate the losses suffered by loved ones who are the victims of wrongful deaths. They emphasize the importance in providing fair compensation for pain, suffering, and grief. They also emphasize the need to include a wider range of family members in the list of eligible plaintiffs. This would align the legal system with societal understandings of the emotional and mental impact of losing loved ones.
On the other hand, those who oppose the bill, including defendants, insurance companies and certain business associations, express concerns about confusion, higher costs and the possibility that there could be competing claims for damages. The revised legislation, they say, could put a strain on insurance resources and threaten the stability of coverage. The critics emphasize that it is important to strike a balance between compensating families adequately and ensuring sustainability of the insurance markets. According to an analysis by the actuarial company Milliman, if this bill passes, property and casualty insurance rates could rise by over $2 billion per year (about $6 for each person in the US). These costs will be borne by policyholders and may lead some insurers to refuse to cover certain risks or certain venues.
Outlook
Senator HoylmanSigal and Assembly member Weinstein reintroduced GFA on Tuesday, May 2, 2020 (Senate Bills S6636/Assembly Bills A6698). The bill’s passage is still uncertain, even though its reintroduction was meant to address Governor Hochul’s concerns. In just one month, a variety of stakeholders including legislators, families, business owners, and insurance companies actively engaged in ongoing discussion to explore possible amendments or compromises.
Update
The Senate approved The Grieving Families Act on June 6, 2023, just days after the Assembly. It will be sent to the Governor for consideration. It is amazing how quickly this happened. Governor Hochul has sat with this issue for a long time. It will be interesting to watch if she signs the amended measure less than six month after her first veto. Stay tuned.
The article An update on the Revised New York Grieving Families Law first appeared on Attorney at Law Magazine.