NEW YORK STATE LEGISLATURE RECOGNIZES GRIEF AND ANGUISH DAMAGES IN WRONGFUL DEATH LAWSUITS.
- By: Tim Higgins
- Category: Featured Personal Injury
At long last, New York’s “wrongful death” law may be changed to allow family members and loved ones of those killed by another person’s negligence to recover money damages for the grief and anguish of the survivors. Both the New York Senate and Assembly have passed a bill known as the “Grieving Families Act”, and the legislation now awaits the signature of Governor Kathy Hochul to become law. New York law has always limited recoverable damages in death claims to the economic (money) losses of the survivors, which unfairly devalued the lives of children, seniors, and parents who did not work outside the home. The bill passed by the Senate and Assembly makes that critical change; permitting juries to make an award to the plaintiff for items like grief, anguish, and loss of affection or companionship. The new legislation also extends the time limit (statute of limitations) for filing a wrongful death lawsuit from 2 years to 3 1/2 years.