Senate Overwhelmingly Passes Wrongful Death Bill for a Fourth Time(Source: New York State Trial Lawyers Association)Lawmakers have overwhelmingly voted, for a fourth time, to update the state’s nearly 200-year old wrongful death law.

“Today, the Senate reaffirms the urgent need for New York law to recognize the profound grief and anguish experienced by families who have lost loved ones—to the preventable epidemic of maternal mortality, to children taken by gun violence, to workers lost on the job, and so many others,” said NYSTLA President Victoria Wickman. “Our state remains far behind the rest of the nation—forty-eight other states have long recognized these losses. New York must no longer yield to corporate and insurance interests. Thank you to Senate Majority Leader Andrea Stewart-Cousins, Senator Brad Hoylman-Sigal, and every member of the Senate for once again affirming that these families deserve justice.”

The Grieving Families Act passed the Senate on Wednesday by a vote of 51-10 and now heads to the Assembly.

“New York is out of step with almost every other state in the nation when it comes to our wrongful death statute and every day we do not act to update the extremely outdated 1847 law is an injustice to all New Yorkers, particularly families of color,” said Sen. Hoylman-Sigal. “That’s why some of the state’s most powerful labor unions, including DC 37, RWDSU and NYSNA, and advocates including the NAACP, Giffords and NYAGV all support the reform. They know it will make New Yorkers safer and leave them better taken care of in times of tragedy. I’m grateful to Assemblymember Lunsford for championing this bill in the Assembly, to my Senate colleagues for their support, and to the NYSTLA for their continued advocacy. The bill is ready to be signed and I’m hopeful that this is the year the Governor signs it.”

“As a former trial lawyer representing families harmed by the negligence of others, I’ve seen firsthand the heartbreak of those who’ve lost a loved one—only to find the law cold and unresponsive to their suffering,” said Assemblymember Jen Lunsford. “The Grieving Families Act is about acknowledging that pain—whether it’s a child taken by violence, or a worker who never came home because their employer put profits before safety. New York can no longer turn its back on these families. This bill aligns our laws with the basic values of justice, equity and compassion.”
 Families of School Shooting,
Maternal Mortality,
and Social Media Victims Speak Out
Bruce McIntyre, founder of SaveARose Foundation, said his son Elias’ mother, Amber Rose Isaac, would be here today if not for the reckless action of those who were tasked with protecting her.“
Gov. Hochul, we are still waiting – for 232 days now – for a response to our request for a meeting,” McIntyre said. “We have a personal interest in seeing it passed: We are the grieving families. Our loved ones all died due to medical negligence – patient safety errors that could have been corrected with proper deterrents. Although it is too late for some of us to get justice for our families, we hope you will sign this bill into law so that other families are not burdened by this injustice as we have been.”

“Nothing can bring back my child—my little boy,” said Jaida Rivera, mother of Cayden Thompson, who died subway surfing last year. “Dangerous social media companies like TikTok fed him content that encouraged this deadly behavior. His school and the MTA turned a blind eye. Governor Hochul must hold these social media giants accountable, and the Grieving Families Act offers a critical deterrent. Without it, we have no real way to seek justice or prevent other families from experiencing the same loss.”

“My daughter Angellyh was just walking home from school when her life was taken by a bullet from a ghost gun,” said Yanely Henriquez, the late Angellyh Yambo’s mother. “No parent should have to bury their child and be told the law can’t recognize their pain. The Grieving Families Act is about dignity, justice, and finally being heard.”

“New York is the least safe place in the developed world to have a baby,” said Jose Perez, partner of the late Christine Fields, who died in childbirth in a New York hospital. “My family knows this too well. The Governor must – at long last – recognize families who have experienced this preventable loss, and meet the Grieving Families of New York.”

The Grieving Families Act was passed by the Legislature three times, with overwhelming bipartisan support in each of the past three sessions, and subsequently was vetoed by Gov. Hochul. The legislation was reintroduced in February.

The “Grieving Families Act” (S.4423/A.6063) would allow families of wrongful death victims to seek damages for emotional grief and anguish. Please let Gov. Hochul know that by continuing to veto this bill, she is not serving the people of New York. You can contact the Governor’s office at 518.474.8390, or online at  https://www.governor.ny.gov/content/governor-contact-form
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