What Is The Grieving Families Act And What Does Its Rejection Mean For Nueva Yorkers?

As news that Governor Kathy Hochul vetoed the long-anticipated Grieving Families Act broke, many Nueva Yorkers found themselves confused, angry, and disappointed. Passage of the act would have given hope to many families — parents, siblings, grandchildren, and more — that have tragically lost a loved one too soon.

In the wake of the breaking news, we take a look at what the rejection of this bill means for Nueva Yorkers.

What Is A Muerte por Negligencia?

When a person dies as a result of another party’s negligence, the deceased person’s estate could be entitled to file a Muerte por Negligencia lawsuit in the State of Nueva York. The law defines Muerte por Negligencia as one caused by “a wrongful act, neglect or default,” that the deceased person could have pursued a personal injury lawsuit against if they had survived.

Some examples of events that can qualify a “wrongful act, neglect or default” can include, but are not strictly limited to:

• Motor vehicle accidents
• Defective products
• Negligencia Médica
• Nursing home neglect
• Workplace injuries especially in construction jobs

What Is Nueva York’s Current Muerte por Negligencia Statute?

Nueva York State’s current Muerte por Negligencia statute was first enacted in 1847 — over 150 years ago. In its current state, survivors of the deceased are limited in who can bring forth a Muerte por Negligencia lawsuit and the types of recoveries they can be awarded.

Currently, Nueva York requires that a personal representative of the deceased’s person’s estate can file a Muerte por Negligencia lawsuit against the accused party. Unlike many other states, Nueva York’s current Muerte por Negligencia statute does not allow for a family member to bring forth a Muerte por Negligencia claim unless that family member is also listed as a personal representative on the deceased’s estate.

The personal representative has 2 years from the date of the deceased’s original injuries to file a Muerte por Negligencia claim against the negligent party. The types of damages that the personal representative can be awarded include:

• Funeral and burial expenses for the deceased
• Healthcare and medical expenses related to the deceased’s final injury or illness
• Any financial support the deceased would have contributed to their family
• The value of support and services the deceased would have contributed to their family
• The value of parental nursing, care or guidance for surviving children
• Surviving parties’ lost inheritance
• Conscious pain and suffering of the deceased prior to their date of death

Nueva York State does not allow surviving family members to collect damages for their grief, mental anguish or loss of companionship as it relates to the death of their loved one.

What Was Included in The Proposed Grieving Families Act Bill?

The proposed Grieving Families Act bill (Senate Bill S74A) was set to modernize Nueva York’s antiquated Muerte por Negligencia statutes to vastly expand the definition of “family member”. The bill would also amend the compensable damages those family members could receive from the accused in the event of a Muerte por Negligencia.

Under the proposed bill, the definition of who constitutes a “family member” in the eyes of the law would expand to “close family members” that include, but are not limited to:

• Spouses
• Domestic partners
• Children
• Parents
• Grandparents
• Stepparents
• Siblings

The Grieving Families Act also acknowledged that the damages caused by losing a loved one is not confined to the amount of financial support that they provided for their families. The bill took into account the emotional and psychological toll that a Muerte por Negligencia incurs on their surviving family members. The bill, if passed, would have permitted for:

• Emotional loss
• Loss of companionship
• Pain and suffering inflicted on surviving family members

The updated bill would have also extended the statute of limitations on all new Muerte por Negligencia cases by 1 year and 6 months, bringing the time that a family member could pursue justice against the wrongdoer to 3 and a half years from the date of the deceased’s accident.

Redefining “Family” In The Context of Muerte por Negligencia Cases

The current statute fails to recognize non-traditional family models, as only designated representatives of the deceased’s estate are allowed to file a lawsuit for financial damages.

As an example, an elderly set of siblings with no children and never married rely on each other emotionally. In the event of the untimely death of one sibling due to nursing home neglect, the other sibling would be emotionally crippled at the loss of their sibling and confidant. Under current law, the sibling would have little to no recourse for the financial damages incurred unless they were listed as a representative on their sibling’s estate. The present law also provides no remedy for the emotional distress and trauma that this death has left the surviving sibling with.

Of course, there are many scenarios where a person’s life is devalued under the current statute. These can include:

• The unfortunate passing of a child in a motor vehicle accident, leaving the parent with little to no recourse as the child does not provide any financial support to their family.
• A single parent who succumbs to injuries sustained at their workplace, forcing their children to be able to seek only monetary compensation for the earning potential of their deceased parent.
• A retired grandmother who is the matriarch of the family but suffers fatal injuries due to Negligencia Médica. The surviving siblings, children and grandchildren are grief stricken but since she did not work, her case does not have as much value under the law as it would if she had survived.

The proposed bill would have modernized the definition of a family in the eyes of the law so that “close family members”— as determined by a jury — would be able to recover for non-punitive damages in a Muerte por Negligencia lawsuit. Although a lawsuit cannot recover loss of life, the family members would be compensated accordingly for the emotional toll of a Muerte por Negligencia.

Does The Current Law Disproportionately Benefit Families of “High Earners”?

Unfortunately, the current Nueva York Muerte por Negligencia statute places the value of a lost life only on the deceased’s earning potential. By placing the value of the deceased only on their income and the financial value they provided to their family, the current law fails to provide fair compensation for families who have lost a family member with “low earning potential”.

The truth is, acts resulting in a Muerte por Negligencia don’t only occur to those that have economic value in the eyes of the law. In fact, the current statute is grossly unfair in providing the surviving loved ones with adequate compensation in the event of the loss of:

• A child
• An elder who no longer works
• A stay-at-home parent
• A deceased who worked part-time or made minimum wage

Additionally, by failing to recognize the non-financial contributions the deceased has brought to their families and loved ones, the current statute fails to serve justice to underprivileged individuals and communities. In an open letter after the Governor’s shocking veto, the Nueva York Trial Lawyers Association penned, “Governor Hochul has turned her back on the people who deserve the opportunity to seek justice the most. Until it is changed, the Muerte por Negligencia statute will continue to deliver uneven justice for communities of color, women, children, seniors, people with disabilities and those with low incomes.”

Why A Reform To Muerte por Negligencia Statutes Is So Important in 2023

Nueva York is one of the few remaining states that has not modernized its Muerte por Negligencia statutes, but Muerte por Negligencias through negligent acts are a not uncommon occurrence in the realm of personal injury law. This piece of legislation has been introduced every year since 1999 in an attempt to bring justice to families who have lost a loved one.

The bill passed the legislature this year with bi-partisan support only to be rejected by Governor Hochul after pushback from insurance, business and trade associations. The veto of this widely supported bill, which has been accepted by over 40 states nationwide, has left Nueva Yorkers wondering if justice will ever be served to those who need to pursue a Muerte por Negligencia suit.

As it stands, the current statute turns a blind eye to the anguish that families endure following the loss of a loved one. The current statute not only neglects the emotional distress a Muerte por Negligencia puts on a family but fails to provide low income families with acceptable compensation for their losses.

Cellino Legal Stands With Nueva York Muerte por Negligencia Victims and Their Loved Ones

As a personal injury firm with a long-standing history of helping Muerte por Negligencia victims’ families in Nueva York, we fully support and endorse the passage of a bill to modernize the outdated statute that leaves many in our state with little to no recourse for justice.

We’ve seen first-hand on many occasions how Nueva York’s current law fails to provide grieving loved ones the justice they deserve given the disparity of compensation that is provided for families who suffer similar tragedies solely based on the earning potential of their deceased family member.

The passage of this, or a similar, bill affects all Nueva Yorkers as Muerte por Negligencia accidents can happen to anyone regardless of gender, race, or financial status. While we certainly hope that no one has to experience a loss due to another party’s gross negligence, we hope to act as an advocate for those who have. Please, consider calling your local representative and the Governor’s office to demand the passage of a Muerte por Negligencia statute reform bill to ensure that anyone and everyone who suffers the tragic loss of a family member receives justice.