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1. What is the Grieving Families Act (GFA)?
The Grieving Families Act would update NY’s 176-year-old wrongful death law by allowing for the recovery of non-economic damages and family members beyond distributees to bring a claim.
2. Where is the GFA in the legislative process?
The GFA passed the Senate and Assembly again this session with overwhelming bipartisan support. The legislation now awaits action by Governor Hochul.
3. When will the Governor act on the GFA?
The Governor must request delivery of the bill from the legislature by year-end.
4. When the Governor does take action on the GFA, what are her options?
The Governor has three options: 1) she can sign the bill into law as written, 2) she can veto the bill (as she did last year), or 3) she can propose “Chapter Amendments” (negotiated bill language with the Legislature).
5. What is the GFA’s effective date?
The bill would take effect immediately upon enactment and apply to all causes of action that accrue on or after July 1, 2018.
6. What is the GFA’s statute of limitations?
The bill would extend the current SOL from two to three years.
7. Who would be able to bring a claim under the GFA?
The GFA would allow surviving close family members to bring suit. Close family members are defined as the decedent's spouse or domestic partner, issue, foster-children, step-children, step-grandchildren, parents, grandparents, step-parents, step-grandparents, siblings, or any person standing in loco parentis to the decedent. The finder of fact shall determine who is entitled to damages based on the specific circumstances.
8. What kinds of damages are available under the GFA?
In addition to recognizing two new categories for non-economic loss, the bill language also reflects current statutes and case law. New categories: 1) grief or anguish and 2) loss of love, society, protection, comfort, companionship, and consortium. Existing categories: 1) funeral expenses, 2) medical care, 3) pecuniary injuries, including loss of services, support, and inheritance, and 4) loss of nurture, guidance, counsel, advice, training, and education.
9. How can I help ensure the GFA is signed into law?
Visit www.HopeForNYFamilies.com and email the Governor asking her to sign this critical legislation into law.
Please make a contribution to support our work at: www.trialacademy.org/donate.
Please share your stories about the injustice NY’s current Wrongful Death Law has caused by emailing us (info@trialacademy.org).
10. Where can I find out more?
You can view the GFA’s full text, bill history, sponsors’ memos, votes, and more, HERE.
You can view the Academy’s Bill Memo supporting the GFA HERE. You can email us to request more information or to get further involved at: info@trialacademy.org.
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