Legislative Update: New York’s “Grieving Families Act” Has Been Delivered to Governor Hochul

The “Grieving Families Act” has passed New York’s Assembly and Senate and was forwarded to Governor Kathy Hochul on December 1, 2025. This controversial proposed legislation provides for the types of damages that may be awarded to the persons for whose benefit an action for wrongful death is brought. The governor declined to sign prior iterations of the “Grieving Families Act” and cited concerns about its impact on New York’s economy and the potential to drive up health care costs, among other issues. It is not clear if this latest version has addressed all of her expressed concerns or whether the timing of a sweeping change to New York’s 176-year-old wrongful death statute is ripe, even in 2026.

Currently, New York does not permit recovery for non-economic damages such as grief and loss of companionship. Recovery is limited to compensation based on pecuniary losses, such as the financial contributions of the deceased. The latest iteration of the “Grieving Families Act” would change the following:

• Expands the potential damages awarded to include compensation for:
  (i) reasonable funeral expenses of the decedent paid by the persons for whose benefit the action is brought, or for the payment of which any persons for whose benefit the action is brought is responsible;
  (ii) reasonable expenses for medical care incident to the injuries causing death, including but not limited to doctors, nursing, attendant care, treatment, hospitalization of the decedent, and medicines;
  (iii) grief or anguish caused by the decedent’s death;
  (iv) other pecuniary injuries including loss of services, support, assistance, and loss or diminishment of inheritance resulting from the decedent’s death; and
  (v) loss of nurture, guidance, counsel, advice, training, companionship, and education resulting from the decedent’s death.

• Extends the time to commence a wrongful death action to three years (from two).

• Increases the pool of persons for whose benefit the action is brought beyond distributees of the decedent’s estate.

• Takes effect immediately.

• Applies to all causes of action that have accrued on or after January 1, 2022.

For a copy of the “Grieving Families Act” presented to Governor Hochul, click here.