Hochul expected to weigh criticism, but ultimately sign the Bereaved Families Act

[ad_1]

News Editorial Board

One of Albany’s most watched pieces of legislation could either be signed, opposed or sent back for amendment in the coming days. If signed, it corrects two tragic inequalities.

According to New York’s 175-year-old wrongful death law, the loss of a breadwinner has a higher monetary value than the loss of that family’s 2-year-old child. This is because the law only allows recovery for economic harm caused to the next of kin. Compensation for a life lost due to a reckless or avoidable act is determined based on the amount the person has earned.

Additionally, the law has a definition of next of kin limited to immediate family with no grandparents, aunts, uncles, partners, or others outside the circle of the traditional nuclear unit.

These outdated compensation requirements will be updated if Governor Kathy Hochul signs the Grieving Families Act, which was passed almost unanimously by the New York State Assembly (147-2) and the Senate (57-6) in June. The legislation allows for emotional loss to be taken into account, expands the definition of family and extends the statute of limitations for filing from two years to 3 years.

People also read…

Many in Buffalo have been directly affected by New York’s limited wrongful death law, including families of Tops mass shooting victims, who were predominantly people of color, working class and over the age of 50. year. By law, their lives would have been worth very little in a wrongful death lawsuit and many of their relatives would not even have been allowed to sue.

And then there are the countless heartbreaking stories of local families who have lost children in accidents where neglect was a factor. The anguish experienced by their parents was at least financially worthless.

These two circumstances plead in favor of a reform of the laws of New York. It should also be noted that New York and Alabama are the only states that do not allow families to continue their bereavement in court.

This legislation is clearly needed, but it will also be important to monitor the economic impact in the insurance industry if it becomes state law.

In a recent op-ed for The News, Robert Armstrong, president of the Erie County Medical Society, cites an actuarial study concluding that the increased damages and new lawsuits triggered by this bill would dramatically increase liability insurance costs. for doctors and hospitals in New York. 40%.

Such dramatic increases haven’t been seen in states like Illinois that recently changed their wrongful death laws, but the burden of insurance costs on the already stressed medical industry is real. Any increase should be monitored and treated rigorously.

Most states that have changed their wrongful death laws also impose caps on awards for non-economic damages; the Bereaved Families Act does not. Another criticism is that the language of the legislation is vague enough to force juries to accept any definition of closeness or grief provided by plaintiffs. These two factors could be avenues for change if the unforeseen consequences become serious.

We expect Hochul to already consider these concerns when deciding whether or not to sign the bill. Yet addressing them need not necessarily thwart the basic intent of this legislation. Grieving family members deserve compensation for a loss that should not be limited to dollars and cents and a 19th century definition of family is long overdue for an update.

The Grieving Families Act, with all the really necessary adjustments, should become law.

What do you think? Send it to us at [email protected]. Letters should be a maximum of 300 words and should express an opinion. The column does not print poetry, community event announcements, or thank-you letters. A writer or household can only appear once every 30 days. All letters are subject to fact checking and editing.

Catch the latest opinions

Get weekly opinion pieces, letters and editorials straight to your inbox!

[ad_2]