A revised proposal to expand New York’s wrongful death statute is poised to win full approval again in the state legislature amid continued opposition from business organizations and local governments.
The measure would expand who can file wrongful death claims and cover emotional distress. The bill passed the state Assembly on Thursday, and Sen. Brad Hoylman-Sigal said in an interview that he expects the measure to pass in his chamber on June 8, when lawmakers wrap up the legislative session.
“It’s time for reform and for certain New Yorkers who face this dilemma of having to go to court to seek redress get the consideration they’re due,” he said.
Legislative supporters have made changes after Hochul’s veto last year, including a shorter statute of limitations and a revised definition of who is eligible to file wrongful death claims.
“There is no doubt that there are still many who oppose this bill,” Hoylman-Sigal said. “But I will tell you this: 48 other states have a version of our Bereaved Families Act.”
The proposal came into a brighter spotlight after the racially motivated mass shooting at a Buffalo supermarket, with victims’ family members filing wrongful-death lawsuits.
Still, a variety of organizations, from medical groups to lawsuit reform advocates, have continued to oppose the bill, arguing that it places an excessive burden on entities that could face a range of claims and higher insurance premiums as a result.
New York Conference of Mayors Executive Director Peter Baynes wrote in Buffalo News op/ed On Thursday, that measure still presents too many problems for local governments.
“Like the previous bill, the new bill again imposes devastating financial burdens on state and local municipalities, which will be passed on to taxpayers,” he wrote, adding that the Legislature needs to do a more thorough analysis of the impacts fiscal
“The financial implications of this legislation will affect critical public and medical services and locally owned businesses,” Baynes added.
