Albany, NY — In the state of New York, a controversial law from the 1800s determines the financial compensation for the death of a loved one, basing it solely on economic losses. Critics argue that the current system, which only allows next of kin to sue for quantifiable monetary losses, fails to address the profound emotional suffering and loss of companionship that accompany a wrongful death.
Recently, a proposed change aimed at reforming this antiquated law has sparked heated debate. The bill, if passed, would expand the criteria for claims related to wrongful death to include emotional pain, loss of love, and comfort—elements not currently recognized under New York’s stringent legislation.
Governor Kathy Hochul, however, vetoed the bill, yielding to considerable pushback from insurance firms and business groups. These opponents contend that the changes would lead to an unsustainable rise in insurance premiums across various sectors, exacerbating what they describe as New York’s existing affordability crisis.
Tom Stebbing, executive director of the Lawsuit Reform Alliance of New York, emphasized the financial repercussions of such legislative changes. “Implementing this bill could have massive economic implications, potentially heightening the cost of living and doing business in a state already facing a fiscal challenge,” Stebbing explained.
Supporters of the bill, dubbed the Grieving Families Act, argue that the current law is drastically out of step with contemporary societal values and fails to acknowledge the genuine grief and loss experienced by families. They maintain that the bill would more fairly compensate families devastated by the wrongful deaths of loved ones.
Among the vocal advocates for the bill’s passage are Hudson Valley residents like Charly Suarez and Tami Roach, who have suffered personal tragedies. Suarez, whose son died in foster care, and Roach, who lost her son in an automobile accident, have campaigned tirelessly, gathering public support through petitions and personal appeals to the governor’s office.
Legal experts also weigh in on the necessity for change. Attorney Marty Rutberg pointed out, “Our state’s wrongful death laws have not been updated for over 170 years. This reform is crucial to acknowledge the real damages—beyond financial—which families endure when a loved one’s life is negligently cut short.”
Governor Hochul is anticipated to consider an amended version of the bill during this legislative session as discussions continue. Should it pass, the reformed law would apply retrospectively to deaths occurring since July 1, 2018, offering a potential recourse for families like those of Suarez and Roach.
While New York lags behind in modernizing its wrongful death statutes, the ongoing debate underscores a broader national conversation about how the law values human life and loss. Whether or not the amendments will be enacted remains to be seen, but it is clear that the issue touches deep societal and ethical undercurrents, challenging legislators to balance economic impact with human compassion.