News Summary

New York’s Grieving Families Act, aimed at modernizing wrongful death statutes to provide better compensation for families affected by malignant mesothelioma, has faced repeated vetoes from Governor Kathy Hochul. This legislation is crucial for addressing the emotional and financial burden families endure after losing loved ones to asbestos-related diseases. Despite bipartisan support, the bill’s future remains uncertain as advocates continue to push for reform, leaving families without adequate legal recourse.

The Fight for Justice: New York’s Grieving Families Act Stalled Again

When a family loses a loved one to malignant mesothelioma, the emotional toll is profound. But what many families face beyond grief is a significant financial burden, made worse by the absence of fair compensation for the loss of companionship and support. Despite the growing recognition of these hardships, New York’s 178-year-old wrongful death statute remains inflexible, leading to widespread calls for change.

What’s Wrong with the Current Law?

New York’s Estates Powers & Trusts Law, crafted in 1847, provides limited avenues for families seeking compensation after a wrongful death. Currently, the law allows claims only for medical and funeral expenses and provides minimal compensation for surviving children’s loss of parental guidance. This restrictive approach results in families grappling with not just the emotional fallout but also severe economic hardships related to their loss.

For families affected by asbestos-related diseases such as malignant mesothelioma, these limitations can lead to critical financial instability while they mourn their loved ones. Many other states recognize the profound impact of emotional loss and allow surviving spouses and family members to seek compensation for loss of consortium, pain and suffering, and emotional distress. New York, however, lags behind.

The Grieving Families Act: A Beacon of Hope?

For the past three years, a bipartisan coalition in the New York legislature has worked tirelessly to introduce the Grieving Families Act, aiming to modernize the state’s outdated laws and provide a more comprehensive framework for addressing the economic and emotional damages suffered by families. The proposed law seeks to expand recoverable damages, allow a wider group of beneficiaries to file wrongful death claims, and extend the statute of limitations from the current two-year limit.

If passed, the Grieving Families Act would represent a significant victory for those mourning the loss of a loved one due to mesothelioma and other similar conditions. The envisioned changes would allow families to seek compensation that better reflects their suffering and loss, making a tangible difference in their financial and emotional recovery.

But the Bill Faces Stiff Opposition

Despite the progress made and a broad base of support, the Grieving Families Act has met with repeated vetoes from Governor Kathy Hochul. While she has expressed support for expanding compensation categories, her vetoes stem from concerns over defining “close family members,” the presence of a retroactivity clause, and the need to assess the economic repercussions of the proposed changes on the state.

These repeated setbacks have left advocates frustrated and families without the compassionate legal framework they desperately need during some of their most difficult times. Without significant reform, families will continue to face challenges in moving forward after losing loved ones to devastating illnesses like malignant mesothelioma.

What Can Affected Families Do?