After Monday's veto, New York is left with one of the most restrictive statutes in the country, preventing families from suing for damages from their pain and suffering caused by a wrongful death.
Make your contribution now and help Gothamist thrive in 2023.Top Democratic lawmakers in New York said they will again look to change New York’s wrongful death law this year after Gov. Kathy Hochul vetoed a bill late Monday that would have made it far easier for grieving families to seek compensation.
For now, New York is left with one of the most restrictive statutes in the country, preventing families from suing for damages from their pain and suffering caused by a wrongful death. The current law allows beneficiaries to seek only “pecuniary” damages — economic costs like lost wages and earning potential — in wrongful death cases. That has particularly hamstrung parents of small children killed in such cases, who had no wages to lose.
“Moreover, it is reasonable to expect that the bill as drafted, would increase already-high insurance burdens on families and small businesses and further strain already-distressed healthcare workers and institutions,” she wrote.
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