The Grieving Families Act: A Fifth Attempt at Wrongful Death Reform in New York

In May 2026, New Yorklawmakers introduced the fifth version in four years of the Grieving FamiliesAct — a bill that would finally update a wrongful death law that has barelychanged since 1847. For families who have lost someone to another party's negligence,the outcome of this bill will shape what kind of compensation the law allowsthem to seek. But the bill is not law yet, and in the meantime, the old rules —and the old deadlines — are still very much in force.

Why New York's Wrongful Death LawIs So Limited

Under the currentstatute (EPTL § 5-4.1), a wrongful death claim in New York can recover only“pecuniary” — that is, financial — losses. In practice, that means the law letsa grieving family recover things like:

●     Lost income and financial support the deceased would haveprovided

●     Medical expenses incurred before death

●     Funeral and burial costs

●     The value of household services the deceased would haveperformed

What the current lawdoes not allow is compensation for the loss itself — no damages for grief,emotional anguish, or the loss of a parent's guidance, a spouse'scompanionship, or a child's love. New York is one of the few states that stilldraws the line this way, and reform advocates have been trying to change itsince at least 2009.

Four Vetoes in Four Years

Versions of theGrieving Families Act have now passed both houses of the Legislature five timessince 2022 — and Governor Hochul has vetoed four of them, each time citingconcerns about insurance costs and the impact on hospitals and otherinstitutions:

●     January 30, 2023 — S74-A vetoed (first attempt)

●     December 29, 2023 — S6636, a narrowed version, vetoed

●     December 21, 2024 — S8485-B, with a shorter retroactivitywindow, vetoed

●     December 5, 2025 — S4423/A6063 vetoed; the Governor's memo notedthe bill lacked changes she had said she was open to

Each version passedwith bipartisan support, and each time the sponsors came back with a narrowerbill aimed at addressing the Governor's objections.

The Fifth Attempt: S10171 / A11340

On May 4, 2026, SenatorCordell Cleare introduced the latest version, S10171, with a companion bill,A11340, in the Assembly. It has been referred to the Senate Judiciary Committeeand, as of this writing, has not yet passed either chamber. If eventuallysigned into law, it would:

●     Allow recovery for grief and anguish caused by the death — thecentral change advocates have sought for over a decade

●     Add damages for loss of nurture, guidance, counsel,companionship, and education

●     Extend the filing deadline for a wrongful death claim from twoyears to three

●     Clarify which family members may recover, replacing the narrowerterm “distributees” with a broader “persons for whose benefit” standard

Supporters argue thecurrent law simply doesn't reflect what a family actually loses when a lovedone dies because of someone else's negligence. Opponents — including theinsurance industry — warn that broader damages will mean higher premiums andmore litigation. That debate is exactly why four prior versions didn't make itpast the Governor's desk, and why this one is far from guaranteed to either.

What This Means for Your FamilyRight Now

This is the part thatmatters most if you're dealing with a loss today: none of this is law yet. Thecurrent two-year statute of limitations under EPTL § 5-4.1 still applies, andit keeps running whether or not the Legislature eventually sends a bill to theGovernor's desk.

If your family has losta loved one due to someone else's negligence — a car crash, a constructionaccident, medical malpractice, or any other preventable cause — don't wait onAlbany to act before you talk to an attorney. An experienced wrongful death lawyercan help you understand what you may be entitled to under the law as it standstoday, protect your filing deadline, and — if the Grieving Families Act iseventually signed — advise you on how any retroactivity provisions might applyto your case.

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