News12 New York
N12 Originals
Numbers & Links
Local
Crime
Weather
Politics
Partly Cloudy
67°
Local
Crime
Weather
Politics

Debate continues over updating NY’s wrongful death law

“The wrongful death law is one of the most limited, restrictive laws in the country, second only to Alabama,” says Gershman. “It doesn’t include pain and suffering, loss of love, comfort.”

Blaise Gomez

Oct 8, 2024, 5:25 PM

Updated

Share:

More Stories

It’s hard to imagine a person’s life could be valued by how much money their death may cost a loved one, but under New York’s current law from the 1800’s, Pace University law professor Bennet Gershman says that’s the case.

“The wrongful death law is one of the most limited, restrictive laws in the country, second only to Alabama,” says Gershman. “It doesn’t include pain and suffering, loss of love, comfort.”

Albany lawmakers want to change that under the Grieving Families Act.

It would allow loved ones, not just next of kin, who lose someone in an accident to sue, and for civil courts to consider emotional losses, not just financial ones.

Gov. Kathy Hochul vetoed the bill under intense pressure from insurance companies and other professional groups who are against it as-is.

“It would raise the cost on just about everybody for just about everything. We oppose that,” says Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York. “We are in an affordability crisis in New York and this bill would make that drastically worse.”

The alliance estimates private, professional and business insurance premiums would increase throughout the state, if Gov. Hochul signs the bill into law.

“Her own state Division of Budget has advised against this bill. The costs are massive. The legislature has not done it’s homework in terms of the financial impact,” says Stebbins. “They say its none and that’s absurd.”

Gov. Hochul is expected to review an amended version of the bill this legislative session. In the meantime, grieving Hudson Valley families, who the new law would benefit, are publicly advocating for its passage.

“It’s very upsetting to see other people’s losses. I never thought it would happen to me until the day it did,” Charly Suarez says.

Suarez’s son was killed this year in Sullivan County foster care. He wrote a letter to the governor’s office about the bill. Tami Roach started an online petition that has thousands of signatures after the vehicular death of her son in Liberty over the summer.

“This is 2024. So many things in our society has changed that is not represented or is under represented,” says Roach.

“Our wrongful death laws are over 170 years old and fail to recognize the emotional suffering endured by family members when a loved one was killed because someone negligently causes a fatal accident. The Grieving Families Act, if passed and signed by our Governor, would fix that,” says attorney Marty Rutberg. “The time for change is long overdue.”

New York is one of a handful of states that has yet to update its wrongful death law. If signed, it would apply to cases dating back to July 1, 2018.

Top Stories

blaise inspire

How safe is your child care? Goshen center faces state action after supervision lapse

01:20
HOPE FM Dayparts GRAF ECMWF TEST (1)

A cool and windy week ahead in the Hudson Valley with a potential weekend coastal storm

03:26
TRI-MH STORM WHAT WE-KNOW 2

Tracking a late-week nor'easter and whether or not local impacts will be significant

AP26265514672157

Coroner: Rockland County's Hayden Panettiere died from accidental overdose involving fentanyl

dffd

Dutchess County man charged in fatal hit-and-run crash that killed e-bike rider

01:54
9222026WCkat8_2026-09-22-08-11-57

MTA begins issuing fines through work zone speed cameras on bridges and tunnels

00:47
Screenshot 2026-09-21 115946

Federal appeals court upholds dismissal of Hastings police sergeant's discrimination lawsuit

9222026WCarmy2_2026-09-22-05-51-39

Father of Army football player receives Carnegie Medal after saving driver from fiery crash in Fort Montgomery

00:18
guilty plea

3 men plead guilty in brutal Kingston gang assault that left victim with permanent injuries

02:05
Screenshot 2026-09-22 094721

Giants' season takes a hit as star quarterback Jaxson Dart goes down against Rams

02:03
Screenshot 2026-09-22 054159

Travelers face lingering delays as officials work to recover from Newark airport meltdown

00:24
capitaltheatre0921_2026-09-21-21-54-57

Celebration held honoring Capitol Theatre's 100th anniversary

01:26
Screenshot 2026-09-21 at 4.53.13 PM

Officials investigate fire that damaged Rye Playland's Dragon Coaster

00:31
wclawlerendorse921_2026-09-21-21-34-09

House Democrat crosses party lines to endorse Rep. Mike Lawler in congressional race

01:54
melaniepkg0921_2026-09-21-16-57-53

Local Revolutionary War hero honored in Croton-On-Hudson

01:30
blaise pk homeless shelter

Dutchess County approves controversial $13M Poughkeepsie homeless shelter

00:17
RGNRecycledCupsWCKK_2026-09-21-16-50-35

Westchester County partners with Nespresso to recycle used pods

AP26261652892340

States settle lawsuit over Paramount-Warner merger, clearing key hurdle for $81 billion deal

00:28
Screenshot 2026-09-21 054947

Traffic to crawl through Manhattan as UN General Assembly brings year's worst gridlock

01:32
WCHVCOASTERFIRE09206P_2026-09-20-18-18-20

Dragon Coaster damaged in apparent electrical fire at Rye Playland

App StoreGoogle Play Store

info

Newsletter

Send Photos/Videos

Contact

About Us

News Team

News 12 New York

follow us

Twitter

Facebook

Instagram

more resources

Optimum Corporate

Optimum Service

Advertise on News 12

Careers

Content Removal Policy

© 2026 N12N, LLC

Privacy Policy

Terms of Service

Ad Choices