New York’s wrongful death statutes have remained largely unchanged for over a century, leaving the state out of lockstep with the wrongful death laws across most of the country. However, legislators in New York have attempted to update New York’s wrongful death laws by allowing families to recover compensation for a broader range of losses. These efforts have culminated in the proposed Grieving Families Act, which has yet to become law in New York.
What New York Law Currently Requires
Under New York’s longstanding wrongful death laws, the family of a person who suffered a wrongful death (death caused by another party’s intentional acts, recklessness, negligence, or legal fault) can only recover economic losses resulting from their loved one’s passing, such as lost financial contributions, medical bills, and funeral/burial expenses. The law also allows for the recovery of compensation for a decedent’s conscious pain and suffering that they experienced before death. Conversely, New York families cannot recover compensation for emotional losses, such as grief, emotional pain, or loss of companionship. This restriction can severely limit recovery for families who lose a loved one who does not provide economic contributions to the family, such as a minor child or an older, retired family member.
What the Grieving Families Act Would Do
The proposed Grieving Families Act would modernize New York’s wrongful death laws, bringing the state in line with the modern consensus on wrongful death law in the U.S. Most importantly, the Act would allow families to seek compensation for emotional and personal loss resulting from a loved one’s wrongful death, including for their grief and loss of their loved one’s companionship, guidance, and emotional support.
The proposed law would also extend the statute of limitations for wrongful death claims, giving families more time to file lawsuits as they also go through the process of grieving and learning how to live their lives without their loved one.
The Act would also expand the list of family members eligible to receive compensation in wrongful death cases beyond spouses, children, or parents, to other individuals such as domestic partners, grandparents, and siblings.
Where Things Stand in 2026
Versions of the Grieving Families Act have passed the New York legislature four times over the past several years. However, New York Governor Kathy Hochul has vetoed the bill each time, citing various objections to the various versions of the Act, including the broad definition of eligible family members, the potential retroactive application of the law to pending wrongful death claims, and the possibility of adverse financial consequences for businesses and healthcare providers. The 2026 session of the New York Legislature adjourned without a fifth version of the bill making it to Governor Hochul’s desk.
Why New York Is an Outlier
New York is only one of a few states that restrict families to recovering only economic losses in wrongful death cases. Most states in the U.S. allow families pursuing wrongful death claims to seek compensation for their personal or emotional loss, including for trauma, grief, moral support, parental guidance, or familial companionship. As a result, New York remains an outlier in precluding financial recovery for emotional loss in wrongful death actions.
Contact Our Firm Today for Compassionate Legal Guidance and Support
After your family has lost a loved one due to someone else’s wrongful acts or negligence, you may have the right to pursue a wrongful death action. Contact McCann Legal, PC today for a free, no-obligation consultation with a personal injury lawyer to learn more about the proposed Grieving Families Act and what it could mean for the rights of families who have lost a loved one due to the wrongful acts or negligence of others.