Out-of-date legislation helps insurance companies, not families
New York’s current law allows family members of a wrongful death victim to recover only their economic loss and an amount for the victim’s pain and suffering, if any. Therefore, if the victim was elderly and retired or too young to be working yet, there is arguably no economic loss to the victims. Furthermore, if the victim was killed instantly, for example, by a speeding drunk driver, there was arguably no pain and suffering.
Thus, under the current law, the father, mother, son or daughter of a cherished family member who is tragically killed by the negligence of another, may be entitled to absolutely no damages, zero, nada. Insurance companies benefit from and are fighting to keep this patently unfair system in place.
The Grieving Families Act – Senate Bill S74A – is based on the equality of humankind. This legislative effort proposes adding the right to seek compensation for the emotional loss of companionship, love and support, all of which cost nothing but are worth everything to loved ones.
Updated wrongful death statutes are already at work in 41 other states. New York is one of the few which has yet to include damages for emotional loss associated with grief.
Make a difference – support legislation change
Write your Senator and Assemblymember to request their support of the Grieving Families Act. Communicating your stance on amending wrongful death laws may help bring the New York statutes up to date, creating a more compassionate legal system for every family.