News12 New York
N12 Originals
Numbers & Links
Local
Crime
Weather
Politics
Taxing Long Island
Clear
70°
Local
Crime
Weather
Politics
Taxing Long Island

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.

More Stories

Top Stories

02:48
LITREEWESTBURYHOUSE81126_2026-08-11-05-13-04

Tree crashes into and severely damages Westbury home; rescue groups say dozens of cats are trapped inside

02:12
F P1 PM 1

Dry and muggy overnight; hot and humid weather continues Tuesday on Long Island

00:17
deadly stabbing

Holbrook man fatally stabbed in Manhattan; no arrests made

00:27
LIHOPSITALLAWSUIT811_2026-08-11-05-11-05

North Shore University Hospital facing lawsuit for alleged unpaid fees

00:27
li10pmboloilspill_2026-08-10-22-07-53

200 gallons of gasoline believed to have spilled in Carle Place from overturned tanker

02:05
5PMWorkerKilledKK_2026-08-10-17-36-12

Police: Drug-impaired driver killed construction worker, seriously injured 2 others in Nesconset

00:21
AP Trump

President Trump to visit Long Island this week

00:36
li10pmbolcolumbiavigil_2026-08-10-22-25-03

Colombian community holds prayer vigil in Hampton Bays following 7.4 magnitude quake

01:51
Squishy

Are squishy toys safe? Viral trend raises health concerns for tri-state parents

01:37
Amazon MS 081026_2026-08-10-17-11-01

Community weighs in on proposed $1B Amazon facility in Holbrook

01:20
NYCCapsizedBoatOperatorCharged001

Feds charge speedboat operator after mother and infant are killed in New York Harbor capsizing

01:29
5PM LI_GC Businesses Fire_ajc_2026-08-10-17-12-35

Garden City businesses affected by Saturday's fire start making repairs

01:35
li10pmwhaleboatersafety_2026-08-10-22-18-35

New state law will require whale-safe boating education

00:35
GOTTI GRANDSON

Judge: Gotti grandson must surrender in light of no kidney transplant scheduled

01:45
RTALLBoatCapsizedERobinson4pm_2026-08-10-16-35-31

Coworkers support father who lost wife, daughter in boat capsizing near Statue of Liberty

01:01
LIFourthDWIKK_2026-08-10-12-20-09

Fourth felony DWI conviction could land repeat offender in jail for 7 years

hannaford - diced jalapenos 3.75oz upc 030223082712

Taylor Fresh Foods recalls products over possible salmonella contamination

00:24
5PMJerichoWomanKK_2026-08-10-17-08-52

Woman staying at Jericho motel accused of setting fire to pillowcase

00:19
water rescue

2 men rescued after jet ski overturns in Seaford

00:21
LICARFIRE81026_2026-08-10-06-38-05

Car bursts into flames in Ronkonkoma 

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