Proposed Changes to the Grieving Families Act: What You Need to Know

In the latest legal developments in New York, proposed changes to the Grieving Families Act (GFA) are once again making headlines. These changes could profoundly impact affected families’ ability to seek justice and recover damages. While the current legal framework in New York limits the scope of who can file a wrongful death suit and what they can recover, the GFA revisions seek to broaden the definition of family and expand the types of damages available to grieving families.

A Closer Look at the Current Law

Before diving into the proposed changes, it’s important to understand the existing framework under New York law. Currently, wrongful death claims can only be brought by individuals known as “distributees.” Distributees include close relatives such as spouses, children, parents, and siblings. Recovery is limited to financial losses, meaning families can only be compensated for funeral expenses, lost wages, or medical bills.

However, emotional damages, such as grief, anguish, and loss of companionship, are not recoverable under the current law. For many families, this has been a significant limitation, as the emotional toll of losing a loved one can far exceed the financial impact.

Proposed Changes by the Grieving Families Act

The Grieving Families Act proposes several major changes to New York’s wrongful death law, addressing some of the key limitations that have frustrated families and their attorneys. Here are the key proposed changes:

1. Expansion of Eligible Family Members
   One of the most significant changes proposed by the GFA is the expansion of who qualifies as a “close family member” eligible to file a wrongful death suit. Under the current law, only distributees are permitted to recover damages. The GFA would broaden this definition to include domestic partners, foster children, stepchildren, and other non-blood family members who can demonstrate a “close relationship” with the decedent.
   This proposed change recognizes the evolving nature of family structures and would provide legal standing to individuals who, though not related by blood, had a meaningful relationship with the deceased.
2. Inclusion of Emotional Damages
   Perhaps the most anticipated change is the inclusion of emotional damages in wrongful death claims. The GFA would open the door to recovery for grief, anguish, and loss of companionship. This change would finally acknowledge the immense emotional toll that families experience after the loss of a loved one.
   While this change could provide more holistic compensation to grieving families, it has also raised concerns among businesses and insurance companies, who worry that the inclusion of emotional damages could lead to larger settlements and higher costs.
3. Extended Statute of Limitations
   Another proposed change is the extension of the statute of limitations for filing wrongful death suits. Currently, families have two years from the date of the decedent’s death to file a claim. The GFA proposes extending to three years, providing families with additional time to gather evidence, consult with legal counsel, and decide whether to pursue a lawsuit. This would allow families more time to process the situation and determine whether legal action is appropriate.
4. Addressing Governor Hochul’s Concerns
   Governor Kathy Hochul vetoed a previous iteration of the GFA in early 2023, citing concerns about the broadness of the bill and its potential economic impact. Specifically, she was worried that the bill would dramatically expand the pool of potential claimants and the types of damages available, leading to increased costs for businesses and higher insurance premiums.
   The new version of the GFA addresses some of these concerns by narrowing the definition of who can recover. It excludes certain categories of family members, such as nieces, nephews, aunts, uncles, and cousins, who were previously included. Additionally, the scope of non-pecuniary damages has been refined to focus on grief and anguish, rather than including broader categories like “any disorder” caused by the death.

What These Changes Mean for Families

If passed, the changes proposed by the GFA could make a significant difference for families who have lost loved ones due to wrongful death. By expanding the definition of who can file a claim and allowing for emotional damages, the GFA would provide a more comprehensive avenue for families to seek justice and compensation.

For example, under the current law, a domestic partner who had been in a committed relationship with the decedent for decades would have no legal standing to file a wrongful death claim if they were not legally married. The GFA would change this, ensuring that individuals who shared a close, meaningful relationship with the deceased are not left out of the legal process.

Moreover, the inclusion of emotional damages would recognize the full scope of a family’s loss. The emotional pain of losing a loved one can be overwhelming, and the GFA’s changes would provide families with a way to be compensated for that emotional toll.

The proposed changes to the Grieving Families Act represent a significant shift in New York’s wrongful death law. By expanding the pool of eligible family members and allowing for emotional damages, the GFA would provide families with a more comprehensive way to seek justice after the loss of a loved one. While the bill still faces some opposition, its passage could bring much-needed relief to grieving families across the state.