Senate Bill S74A, titled “The Grieving Families Act,” seeks to expand vastly the potential damages available to surviving families in a wrongful death action. It has been passed by the legislature and awaits Governor Hochul’s signature. The proposed statute includes compensation for the following damages: “(iii) grief or anguish caused by the decedent’s death, and for any disorder (emphasis added) caused by such grief or anguish; and (iv) loss of love, society, protection, comfort, companionship.” The Grieving Families Act, S74A§2(a)(iii-iv). These damages are not presently compensable. Additionally, the proposed statute would extend the current wrongful death statute of limitations from two years to three years and six months following the death of the decedent. Id. at S74A§1. Finally, the law, as presently constituted, will take effect immediately upon signing and will apply to all pending and future actions.

Under current New York law, wrongful death damages are limited to “fair and just” compensation for the pecuniary injuries resulting from the decedent’s death. See EPTL §5-4.3. These damages include loss of support, voluntary assistance, and possible inheritance as well as medical expenses incidental to death and funeral expenses. See Gonzalez v. New York City Housing Authority, 77 N.Y.2d 663 (1991). Essentially, the present law only provides compensation for financial loss.

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