New York, N.Y. (May 3, 2023) - On Tuesday, May 2, 2023, the Grieving Families Act was re-introduced into the New York State legislature. A press release regarding the re-introduction of the bill claims that this new version responds to New York Governor Kathy Hochul's concerns by "clarifying the bill's retroactive effect, limiting the types of damages that can be recovered, reducing the extension of the statute of limitations, and clearly defining who is a close family member eligible to recover."

The "Amended" Grieving Families Act provides the following (all emphasis added):

  • A three year statute of limitations from the date of the decedent's death.
  • The following damages may be recovered:
    • Reasonable funeral expenses of decedent;
    • Reasonable expenses for medical care incident to the injury causing death, including but not limited to doctors, nursing, attendant care, treatment, hospitalization of decedent, and medicines;
    • Grief or anguish caused by decedent's death;
    • Loss of love, society, protection, comfort, companionship, and consortium resulting from decedent's death;
    • Pecuniary injuries, including loss of services, support, assistance, and loss or diminishment of inheritance, resulting from decedent's death; and
    • Loss of nurture, guidance, counsel, advice, training, and education resulting from the decedent's death.
  • "Surviving close family members" is explicitly defined, and "limited to decedent's spouse or domestic partner, issue, foster-children, step-children, and step-grandchildren, parents, grandparents, step-parents, step-grandparents, siblings, or any person standing in loco parentis to the decedent."
  • The jury determines who is entitled to damages as "close family members," which is "based upon the specific circumstances relating to the person's relationship with the decedent."
  • The amended Act would take effect immediately and "shall apply to all causes of action that accrue on or after July 1, 2018, regardless of when filed."

Lewis Brisbois' New York attorneys will be closely monitoring the progress of this bill and will provide updates if any amendments are made throughout the legislation process.

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