Holiday Greetings

Greetings! I hope this holiday season finds you and your family healthy and safe.

This past year, I continued to represent seriously injured individuals as well as surviving relatives of loved ones who were victims of wrongful death. I am proud of the work we did to secure a $2.1 million settlement for a 36-year-old assistant banker, seriously and permanently injured in an automobile crash. We also obtained a $700,000 settlement in a wrongful death action for a surviving husband whose 81-year-old wife was struck and killed by a school bus. The decedent was a healthy, vibrant, active individual, and a devoted wife, mother, and grandmother.

The settlement for the surviving husband was an excellent result, however, it did not consider the full impact of his wife’s loss. That is because in New York if someone in your family dies due to someone else’s negligence, damages are limited under the constraints in New York State’s Wrongful Death Law based primarily on the loss of financial support to the surviving family member. In many cases, such as my client’s, the current law diminishes the value of a life where the decedent is elderly and contributes a small amount (e.g. monthly social security benefit) to the household support. This law leaves out damages for emotional loss, anguish, and grief for the immediate relatives and victim’s family. New York is one of the only states in this country where the law minimizes the value of life and discriminates against the most vulnerable like a child or a grandparent.

The Grieving Family For Justice Coalition advocated for a more inclusive law that recognizes emotional damages, which led to the creation of the Grieving Families Act. Both houses of the New York State Legislature passed the bill to address the inequities of the current law. This Act would bring New York State in line with most of the country, and allow the surviving relatives of victims of wrongful death to receive compensation for their grief, sorrow, and anguish due to the loss of a loved one separate and apart from any potential financial loss that could be proven. 

It is time that New York State’s archaic Wrongful Death Law, on the books since the 1800’s, be changed. This bill currently awaits Governor Hochul’s signature and I encourage all of you to write or call the Governor immediately. Urge her to sign the Grieving Families Act into law so that New Yorkers can be treated equally when they lose loved ones due to the negligent acts of others.

You can send a message via this link:

https://www.governor.ny.gov/content/governor-contact-form

Or call: 1-518-474-8390 | Office hours: 9:00am to 5:00pm

Or write:
The Honorable Kathy Hochul
Governor of New York State 
NYS State Capitol Building 
Albany, NY 12224

Thank you for your continued interest and ongoing support. My entire legal staff and I wish you a very peaceful and happy new year.