After suffering a veto this past January, a revised version of the Grieving Families Act was just introduced to the New York legislature on May 2, 2023. The Grieving Families Act would completely overhaul wrongful death claims in New York by permitting recovery for emotional damages and expanding the class of persons who can seek recovery for a fatality. The recent iteration of the bill seeks to remedy perceived pitfalls from the prior legislation by more clearly defining who can assert a claim for emotional damages, narrowing the expansion of the statute of limitation, and placing limits on its retroactivity. The new bill however does not implement a cap on damages, nor carve out an exception for medical malpractice claims. Hurwitz Fine Attorneys David Adams and Eric Andrew provide further analysis of this new proposed legislation in Law360's May 4, 2023 Expert Analysis article, "Unpacking NY's Revamped Wrongful Death Bill."
For a pdf of the article, click here.