Under the 1847 [yes, 1847] New York Wrongful death law, still in effect today, compensation to relatives in wrongful death claims remains tied to the deceased relative’s income while they were alive.  Said relatives include spouses, domestic partners, children, parents, grandparents, stepparents and siblings.

This has meant that relatives of the unemployed and underemployed are often denied full and fair compensation for their personal trauma and emotional distress, which follows after the loss of a loved one, caused by another’s negligence.

Current data suggests that most of the people in this unemployed and underemployed category are minorities, people of color, women, the elderly and people with disabilities.  It follows therefore, that the law in it’s current form, does an unacceptable injustice to these already marginalized groups in our communities.

As a result, the Grieving Families Act, also known as Bill S74A, was passed by the New York State legislature in the summer of 2022 and now awaits Governor Kathy Hochul’s signature to become law.

The New York State Trial Lawyers Association and numerous other groups have been hard at work, vigorously campaigning for passage of the Grieving Families Act, which is designed to redress this centuries’ long injustice.  In essence, the bill will  require that the emotional distress suffered by the relative(s) and the lost income if any, of the deceased be considered in awarding compensation for the wrongful death of a loved one.

Naturally under assault by the Insurance Industry amongst others, this reform is way overdue, given the incalculable damage the current statute has done to members of marginalized groups in our communities.

We look forward to the signing of this bill by Governor Hochul and helping families achieve full and fair compensation for the wrongful death of their priceless loved ones.