Governor Hochul’s Fourth Veto of the Grieving Families Act Fails New York’s Grieving Families

Governor Hochul’s Fourth Veto of the Grieving Families Act Fails New York’s Grieving Families

For the fourth time, Governor Kathy Hochul has vetoed the Grieving Families Act — legislation that would finally modernize New York’s outdated wrongful death law and bring fairness to families who have lost loved ones due to negligence.

This repeated veto is deeply disappointing and profoundly harmful. It keeps New York stuck with a wrongful death statute written in 1847, one that reduces the value of a human life to a balance sheet and ignores the emotional devastation families endure when a loved one is taken too soon.

Why New York’s Wrongful Death Law Is Broken

Under current New York law, families in wrongful death cases may recover only economic damages, such as lost income or financial support. Compensation for grief, emotional suffering, and loss of companionship is not allowed.

As a result, the law routinely fails families whose loved ones were:

• Children
• Retirees
• Stay-at-home parents
• Caregivers
• People with disabilities

In these cases, the law often treats the loss as having little or no value — despite the profound emotional and relational harm suffered by surviving family members.

What the Grieving Families Act Would Change

The Grieving Families Act would correct this injustice by allowing juries to consider the full human loss caused by a wrongful death. Specifically, it would allow compensation for grief, emotional suffering, and the loss of love, care, guidance, and companionship.

It would also expand which family members can recover damages, better reflecting the realities of modern families and relationships.

At its core, the Act recognizes a simple truth: a person’s life is worth more than their earning potential.

Why the Governor’s Veto Falls Short

Governor Hochul has repeatedly cited concerns about increased insurance costs and financial strain on healthcare providers and businesses. These arguments ignore a critical fact: nearly every other state already allows recovery for emotional loss in wrongful death cases.

Those states have not experienced runaway verdicts or economic collapse. What they have achieved is greater accountability and a legal system that treats families with dignity.

By maintaining a law that limits consequences for fatal negligence, New York weakens deterrence and reduces incentives to prioritize safety.

Our Firm’s Position

At Feroleto Law, we stand firmly in support of the Grieving Families Act.

We represent families at their most vulnerable moments. We see firsthand how this outdated law compounds grief and injustice. No family should be told that their loss “doesn’t count” because their loved one was not a wage earner.

New York families deserve a wrongful death law that reflects modern values, human reality, and basic fairness.

Grieving Families Act & Wrongful Death in New York: Questions and Answers

What is the Grieving Families Act in New York?

The Grieving Families Act is proposed legislation that would update New York’s wrongful death law to allow families to recover compensation for grief, emotional suffering, and loss of companionship when a loved one dies due to negligence. It was passed 2022-2025 with overwhelming bi-partisan support by the New York State Legislature.

Why is New York’s wrongful death law considered outdated?

New York’s wrongful death statute dates back to 1847 and limits recovery to economic losses only. Every other state except for Alabama allows families to recover for emotional loss and grief, making New York an outlier.

How many times has the Grieving Families Act been vetoed?

The Grieving Families Act has been vetoed four times by Gov. Kathy Hochul, despite passing the New York State Legislature every time with strong support.

Why did Governor Kathy Hochul veto the Grieving Families Act?

Governor Hochul has stated that she is concerned the bill could increase insurance premiums and healthcare costs. However, these concerns are unsupported by evidence from other states.

What damages are allowed in a New York wrongful death case?

Currently, damages are limited to economic losses such as lost wages and financial support along with the pain and suffered of the deceased family member. Compensation for grief, emotional suffering, and loss of companionship is not permitted under current law.

Does New York allow compensation for grief or emotional suffering?

No. New York does not currently allow compensation for grief or emotional suffering in wrongful death cases. The Grieving Families Act would change this if enacted.

Who can bring a wrongful death claim in New York?

A wrongful death claim is brought by the personal representative of the deceased person’s estate on behalf of eligible family members. An attorney can help determine who may recover damages.

Does the veto affect current wrongful death cases?

Yes. Because the bill was vetoed, the current restrictive law remains in effect for all wrongful death cases in New York.

Can families still pursue wrongful death claims in Buffalo and Western New York?

Yes. Families can still bring wrongful death claims, but the damages available are limited under current law.

How can a Buffalo wrongful death lawyer help my family?

A Buffalo wrongful death lawyer can explain your rights, evaluate your case, handle legal deadlines, and pursue every form of compensation available under New York law.

What should I do if I lost a loved one due to negligence?

You should speak with an experienced wrongful death attorney as soon as possible. Strict deadlines apply, and early guidance can help protect your family’s rights.