The Grieving Families Act and New York Wrongful Death Damages
Families who lose someone to negligence in New York often learn a hard truth about the law. Today, a wrongful death lawsuit pays for financial losses, not for grief. The Grieving Families Act would change that. Notably, a fifth version of the bill now sits in Albany after Governor Kathy Hochul vetoed the fourth in December 2025. Here is where the law stands and what the proposal would do.
What New York Wrongful Death Law Allows Today
Under EPTL 5-4.3, a jury may award “fair and just compensation for the pecuniary injuries resulting from the decedent’s death.” Pecuniary means financial. Put simply, that means economic losses, such as the income and support the person would have provided. Medical and funeral expenses also count as proper elements of damages under the same section.
Still, the statute does not let a jury compensate a parent or a spouse for sorrow itself. That gap falls hardest on families whose loved one earned little or nothing. Think of a young child, a retiree or a parent who worked only inside the home. Here the law as written can produce a small recovery for an enormous loss.
Meanwhile, a separate survival action can recover for the decedent’s own conscious pain and suffering before death. Our post on pain and suffering damages in New York explains how juries value that kind of harm. For a full overview of how these cases move forward, see our guide to filing a wrongful death lawsuit in New York.
The Two-Year Deadline Under EPTL 5-4.1
Timing matters as much as damages. EPTL 5-4.1 generally requires a wrongful death action to begin within two years of the death. Usually, a personal representative of the estate brings the lawsuit. As a result, the family may first need to open an estate in Surrogate’s Court, and that step takes time.
Deaths involving a city or another public entity can carry extra procedural hurdles. For example, a notice of claim may have to be served long before the two-year mark. Our explainer on the notice of claim requirement in New York covers those early steps. Missing that kind of deadline can end a case before it starts.
What the Grieving Families Act Would Change
This proposal would expand both who can recover and what they can recover. First, it would allow damages for grief or anguish caused by the death. Next, it would add compensation for the loss of companionship and guidance, among other non-economic losses. In addition, it would let close family members recover, not only the distributees who inherit under current law. The text of S10171 would include the decedent’s spouse or domestic partner and the distributees. It would also cover anyone who stood in the place of a parent to the decedent.
Beyond damages, the bill lengthens the deadline. Under the 2026 versions, families would have three years after the death to file instead of two. Some coverage still mentions a 3.5-year period, but that figure appeared only in the 2022 version of the bill. As introduced, the Senate bill would apply to causes of action that accrued on or after January 1, 2022.
If it became law, the change would matter most to families whose loss cannot be measured in paychecks.
Four Vetoes and a Fifth Version of the Grieving Families Act
Lawmakers in Albany have passed this reform repeatedly, and the governor has rejected it each time. Governor Hochul first vetoed the bill on January 30, 2023. A second veto followed on December 29, 2023. She rejected it again on December 21, 2024. Most recently, on December 5, 2025, she vetoed the fourth version.
Despite those setbacks, supporters returned with a fifth attempt in 2026. Senator Cordell Cleare introduced S10171 on May 4, 2026. Assemblymember Lunsford followed with A11340 on May 11, 2026. Today both bills sit in the Judiciary committees of their respective houses. Neither has passed, and nothing in them is law yet.
Why does that history matter for families weighing their options now? Because the current rules still govern, any lawsuit filed today proceeds under the pecuniary damages standard. Waiting for a bill that may never become law can cost a family its case entirely.
How Families Can Protect a Wrongful Death Case Now
Even under the current law, a well-documented case can recover meaningful compensation. Start by gathering pay stubs, tax returns and records of the support the person provided. Beyond that, collect evidence of the household work and guidance the person gave to children or other relatives. Medical bills, funeral invoices and any records of the incident itself belong in the file as well. Finally, keep a simple log of dates, calls with insurers and any letters you receive, since small details can become important later.
Fatal injuries often arise from construction falls and unsafe property conditions. Across New York, our construction accident practice handles deaths on job sites. Likewise, our premises liability lawyers handle deaths caused by dangerous property. You can see every area we cover on our civil practice areas page. This post offers general information, not legal advice.
Speak With The Law Firm of Andrew M. Stengel, P.C. About a Loss in Your Family
We represent grieving families throughout New York and follow the Grieving Families Act closely as it moves through Albany. If you lost a loved one, we can review the deadline that applies and the damages the law allows today.
Contact us to discuss your case. Email info@stengellaw.com or schedule at https://calendly.com/stengellaw.
