New York Gov. Hochul Vetoes Wrongful Death Damages Bill

New York Gov. Kathy Hochul vetoed a measure that would have expanded wrongful death benefits after her late bid for amendments was rejected by the sponsors of the bill.

In vetoing the Grieving Families Act, Hochul called for more study of the bill’s effects on the economy, businesses and the health care system.

The bill sought to allow emotional damages including for grief or anguish and loss of affection and companionship in wrongful death cases and expand the list of family members eligible for damages. Current New York law limits recovery in wrongful death cases to a decedent’s close family members and for pecuniary or tangible monetary damages only.

Hochul proposed several changes including exemptions for medical malpractice claims and for cases with victims over age 18.

Hochul sided with businesses including insurers and health care firms that warned the change would mean higher liability insurance costs for drivers and businesses. An analysis from actuarial firm Milliman found that the bill could increase property/casualty insurance premiums by more than $2 billion or 11%.

The Democratic sponsors of the bill — Assembly Member Helene Weinstein and Senator Brad Hoylman-Sigal– said they were “extremely disappointed” and noted that Hochul also did not want to expand the definition of family, extend the statute of limitations, or include pending claims. They dismissed Hochul’s claim that the measure needs more study. “The truth is this legislation has been considered more carefully than almost any other bill passed during our time in Albany,” they stated.

Advocates for victims claimed the change would bring the state in line with 47 other states’ damages statutes and was long overdue.