Spectrum News: Local governments seek cost assessment of wrongful death expansion

By: Nick Reisman

Organizations that represent local municipalities around New York are calling for a full assessment of the financial effect of a newly introduced measure meant to expand the state's wrongful death law. 

In a letter to state lawmakers to be released later on Monday, local government groups continued to raise concerns with the provision, a version of which was previously vetoed by Gov. Kathy Hochul last year. 

At issue is a proposal to change the state's wrongful death statute to allow for more people to bring claims in wrongful death cases. 

Lawmakers have sought to address issues raised by the governor in her decision to reject the proposal, such as clarifying when the law would take effect, placing limits on when damages can be recovered and creating a shorter statute of limitations while also providing clearer ways of defining who is eligible to bring a claim. 

The bill's backers in the Legislature are confident they've addressed the concerns of the governor. 

"Courts are forced to discount the value of lives in wrongful death actions for those who aren’t breadwinners for their families, resulting in a disproportionate negative impact on people of color, women, children, seniors and New Yorkers with disabilities," said state Sen. Brad Hoylman-Sigal. "We’ve responded to the governor’s concerns and will pass the Act again this session.”

But critics contend the provision still does not address the root of their problem with the bill: The potential to have higher insurance premiums and the potential to be targeted for lawsuits.

"Local governments are often targeted as 'deep pockets' despite only being marginally involved with the incident in question," the groups wrote in a letter to members of the Legislature. "The costs of settlements, judgments, and defense fees, which will dramatically increase under this proposal, inhibit municipalities’ ability to provide crucial services to residents." 

Signing onto the letter: The New York Conference of Mayors, the Association of Counties and the Association of Towns. 

The organizations urged lawmakers to conduct "a thorough analysis of the fiscal impact on local governments, political subdivisions, and state agencies accompanies this new bill." 

State lawmakers only have about a month left to address the bill this year as the legislative session is set to conclude on June 8.