New York’s wrongful death statute dates to 1847. In the nearly 180 years since, the core restriction has not changed: families can only recover “pecuniary loss” when a loved one is killed through someone else’s negligence. remains the operative statute.
That means no compensation for grief. No compensation for loss of companionship. No compensation for the emotional devastation of losing a parent, child, spouse, or sibling.
Every other category of personal injury in New York allows recovery for pain and suffering. Wrongful death is the exception. And New York is one of only a handful of states in the country that still enforces this restriction.
The Grieving Families Act would change that. The legislature has passed it four times. Governor Hochul has vetoed it four times.
Here is what the law currently says, what the bill would change, and where it stands now.
Current Law: EPTL 5-4.1
New York’s wrongful death statute, Estates, Powers and Trusts Law § 5-4.1, governs every wrongful death case filed in the state. Our wrongful death claims guide covers the filing process and practical steps. The key provisions:
Who Can File
Only the personal representative (executor or administrator) of the deceased person’s estate, on behalf of the “distributees” (those who would inherit under intestacy law: spouse, children, parents, or siblings depending on circumstances).
What Damages Are Recoverable
- Lost wages and future lost earnings of the deceased
- Lost financial support to dependents
- Loss of services to the spouse
- Loss of parental care and guidance to the children
- Lost prospect of inheritance
- Medical expenses incurred before death
- Funeral expenses
What Is NOT Recoverable
- Grief or anguish of surviving family members
- Loss of love, companionship, or consortium
- Emotional distress of survivors
- Pain and suffering of survivors
- Loss of society
Statute of Limitations
Two years from the date of death.
The practical consequence is stark. When a retired parent or grandparent is killed, the family may recover minimal compensation because the deceased had no current earnings. When a child is killed, calculating “pecuniary loss” is nearly impossible because the child had no established career or earning history.
The Triangle Shirtwaist Fire Connection
On March 25, 1911, the Triangle Shirtwaist Factory fire killed 146 workers in Lower Manhattan. The civil wrongful death suits settled in 1914 for an average of $75 per life lost. The factory owners collected over $400 per deceased worker from their insurance company.
The same pecuniary-loss-only framework that produced those numbers in 1914 remains the law today. Advocates for the Grieving Families Act have pointed to this history repeatedly: the statute has not meaningfully changed in the century since.
What the Grieving Families Act Would Change
The bill, most recently introduced as S4423 in the 2025 legislative session, would make four major changes:
1. Expanded Damages
In addition to pecuniary loss, families could recover:
- Grief or anguish caused by the death
- Loss of love, society, protection, comfort, companionship, and consortium
- Loss of nurture, guidance, counsel, advice, training, and education
2. Expanded Who Can Sue
The bill would extend eligibility beyond intestate “distributees” to include:
- Spouses and domestic partners
- Children, stepchildren, and foster children
- Parents, stepparents, and grandparents (including step-grandparents)
- Siblings
- Anyone acting “in loco parentis” to the deceased
3. Extended Statute of Limitations
From two years to three years from the date of death.
4. Retroactive Application
The bill would apply to all causes of action accruing on or after January 1, 2022.
The Legislative History: Four Vetoes
The Grieving Families Act has followed the same pattern for four consecutive years: the legislature passes it with overwhelming margins, and the governor vetoes it.
| Year | Bill | Senate Vote | Assembly Vote | Outcome |
|---|---|---|---|---|
| 2022 | S74A | Passed | Passed | Vetoed Jan 30, 2023 |
| 2023 | S6636 | Passed | Passed | Vetoed Dec 29, 2023 |
| 2024 | S8485B | Passed | Passed | Vetoed Dec 21, 2024 |
| 2025 | S4423 | 51-10 | 131-13 | Vetoed Dec 2025 |
The 2025 vote totals are notable. A 51-10 Senate margin and a 131-13 Assembly margin both exceed the two-thirds threshold required for a veto override. The legislature has not attempted an override.
Hochul’s Compromise Proposals
In her veto memos, Governor Hochul outlined changes she would accept:
- Limit grief and emotional damages claims to parents who lost a child under 18
- Cap non-economic damages
- No retroactive application to pending claims
- No extension of the statute of limitations (keep the two-year deadline)
- Exempt medical malpractice claims entirely
- Include a three-year sunset provision
The legislature rejected these changes. Supporters argued that limiting the law to parents of minor children would exclude the majority of wrongful death cases and that exempting medical malpractice would create a two-tier system for grieving families.
How New York Compares to Other States
The vast majority of states allow non-economic damages in wrongful death claims. New York is a national outlier.
States That Allow Grief, Anguish, and Loss of Companionship Damages
- California: Loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, advice, guidance, and training
- Texas: Loss of companionship and society, mental anguish
- Illinois: Grief, sorrow, and mental suffering
- Florida: Mental pain and suffering of survivors
- Colorado: Grief, loss of companionship, pain and suffering, emotional stress
New York remains part of a small minority of states that restricts recovery to pecuniary loss only. Multiple courts and legal commentators have described this position as “out of step with nearly every other state” and a relic of 19th-century law.
Who Is Affected Most
The pecuniary-loss-only framework hits certain populations hardest:
Retired and Elderly People
When a retired person is killed through negligence, there are minimal lost future earnings to calculate. Adult children who lose a parent may receive only a fraction of what other injury cases recover, despite the profound personal loss.
Children
When a child is killed, the family faces an agonizing legal reality: the child had no earnings and no established career trajectory. Calculating economic loss for a young child often yields inadequate numbers.
Unmarried and Domestic Partners
Under current EPTL 5-4.1, only “distributees” under intestacy law can recover. Unmarried long-term partners, domestic partners, and stepfamily members may be entirely excluded from any recovery regardless of the depth of the relationship.
Lower-Income Families
Because damages are tied to the deceased person’s earning capacity, families of lower-income workers receive less compensation than families of higher earners, even when the underlying negligence is identical.
The Opposition Arguments
The healthcare industry has been the strongest opponent of the Grieving Families Act. The Greater New York Hospital Association argues that doctors and hospitals already face high malpractice insurance costs in what they describe as a hostile liability environment.
A Milliman actuarial report projected a roughly 40% increase in medical professional liability premiums if the bill becomes law, translating to an estimated $600 million annual increase in claim costs. Broader projections suggest over $2 billion in additional annual property and casualty insurance costs across all industries.
Supporters of the bill have pushed back on these numbers. They note that Milliman produced similar projections opposing the Child Victims Act’s statute of limitations extension, and those predicted cost increases did not materialize.
Governor Hochul has specifically cited federal healthcare cuts as a reason expanded liability would be “dangerous” for the state’s hospital system.
What This Means for Current Cases
The Grieving Families Act is not law. Until it passes and takes effect, wrongful death cases in New York remain governed by EPTL 5-4.1 and its pecuniary-loss-only limitation.
For families currently navigating a wrongful death claim, the practical implications are clear:
The Two-Year Statute of Limitations Applies
You have two years from the date of death to file a wrongful death lawsuit under .
Damages Will Be Calculated Based on Economic Loss
The deceased person’s earnings, employment history, age, health, and financial contributions to the family are the primary drivers of case value.
Separate Survival Claims May Be Available
A survival action (distinct from a wrongful death claim) can recover damages for the deceased person’s conscious pain and suffering before death. This is often a critical component of total case value.
Notice of Claim Deadlines Are Even Shorter
If the death was caused by a government entity (city bus, police vehicle, dangerous road condition), a notice of claim must be filed within 90 days under of the incident.
The bill will likely be reintroduced for a fifth time in the 2026 legislative session. The political dynamic has not changed: the legislature supports it, the governor opposes it in its current form.
Frequently Asked Questions
What is the Grieving Families Act?
The Grieving Families Act is proposed New York legislation that would expand wrongful death damages beyond pecuniary (economic) loss to include grief, anguish, loss of companionship, and loss of society. It would also expand who can sue, extend the statute of limitations from two to three years, and apply retroactively to cases accruing on or after January 1, 2022. The bill has passed the legislature four times with overwhelming margins but has been vetoed each time by Governor Hochul.
What can families recover in a wrongful death case in New York right now?
Under current law (EPTL 5-4.1), families can only recover pecuniary loss: lost wages and future earnings of the deceased, lost financial support, loss of parental care and guidance, funeral expenses, and medical expenses incurred before death. Families cannot recover compensation for grief, emotional suffering, loss of love, loss of companionship, or loss of society.
Why has Governor Hochul vetoed the Grieving Families Act?
Governor Hochul has cited concerns about the bill’s broad scope, including the lack of a cap on non-economic damages, retroactive application to pending lawsuits, expansion of eligible claimants, and the potential impact on medical malpractice insurance premiums. She proposed limiting the law to parents of children under 18, exempting medical malpractice, capping damages, and eliminating retroactivity. The legislature rejected these changes.
