What is going on with the Wrongful Death law? Did Hochul sign it and what does it do? I read it passed.
An updated version of the NY Wrongful Death proposed bill did pass in the Assembly and is now tracking for a vote in the Senate, text here - https://www.nysenate.gov/legislation/bills/2023/s6636. The updated version presented has limitations built in on who can bring a Wrongful Death lawsuit that were not included in the prior iteration of the bills presented last year which were vetoed by Governor Hochul.
The impetus for the proposed update to the existing Wrongful Death Law in NYS is to create a right for kin to recover for not just economic losses, but emotional as well. (Being pushed, no doubt, by the Trial/Personal Injury Attorneys.) Slippery slope; one insurers and potential defendants should be extremely wary of. The version on display in the NYS Senate will also be retroactive for cases brought as of 2018, and shall potentially expand the statute of limitations for wrongful death to 3 years.
WHO WILL BE ABLE TO BRING A CLAIM
In the current version coming to a likely vote in the NYS Senate, the following persons will have standing to bring a claim - decedent's spouse, domestic partner, children, grandchildren, parents, grandparents, siblings or any person "in loco parentis" to the decedent, inclusive of "step" and "foster", where applicable.
CLAIM FOR WHAT - DAMAGES
The new iteration (if passed) authorizes recovery for -
- Funeral expenses
- Medical expenses incurred as a result of the decedent's injury/loss
- Grief and Anguish
- Emotional damages - LOSS OF LOVE, SOCIETY, PROTECTION, COMFORT, COMPANIONSHIP, AND CONSORTIUM RESULTING FROM THE DECEDENT'S DEATH;
- Pecuniary damages - INCLUDING LOSS OF SERVICES, SUPPORT, ASSISTANCE, AND LOSS OR DIMINISHMENT OF INHERITANCE, RESULTING FROM THE DECEDENT'S DEATH; AND
- Loss of Nurture - GUIDANCE, COUNSEL, ADVICE, TRAINING, AND EDUCATION RESULTING FROM THE DECEDENT'S DEATH.
We will be keeping a close eye on this bill as it progresses.