The Center Square: Hochul urged to veto wrongful death legislation

By: Christian Wade

New York Gov. Kathy Hochul is being urged to veto a bill that would expand wrongful death liability, with one group saying the move would increase insurance premiums. 

The Grieving Families Act, which was approved by the state Assembly last year, would allow more individuals to file lawsuits and seek damages in wrongful death cases. The legislation would also expand the state's statute of limitations for tort claims from two years to three-and-a-half years. 

But the Lawsuit Reform Alliance of New York, a coalition of groups opposing the changes, said liability insurance will skyrocket for medical professionals while other businesses, as well as cities and counties would also see premiums jump. The group said it could lead to tax increases and higher prices for consumers.

"In a time of stubborn inflation and economic uncertainty, New York families, local governments, and our already strained healthcare system can't afford yet another cost hike," Tom Stebbins, the coalition's executive director, said in a statement. 

"If this fundamentally flawed bill becomes law, it will be even more expensive to live, do business, and provide vital services in the Empire State," he added.

Monday is the deadline for Hochul to sign the bill, veto it or send it back to lawmakers with proposed amendments. 

New York’s current wrongful death law, which has been on the books since 1847, doesn't allow for non-economic losses in such civil lawsuits. Critics say the antiquated law prevents grief-stricken families from recovering damages for their emotional suffering.

Supporters of the changes point out 41 other states allow some form of compensation to family members for emotional loss in wrongful death cases. 

In a summary of the bill, lawmakers wrote the changes would "not only better address and more fully right the wrong to the family of the deceased, it will also deter the negligent, reckless, sometimes criminal behavior that leads to needless deaths."

"This bill would correct this harsh anomaly of the current wrongful death law," the bill's authors wrote. "It is ironic and contrary to public policy that currently a wrongdoer may take advantage of the law that makes it cheaper to kill someone than to seriously injure them." 

But critics point to an analysis by the global actuarial firm Milliman, Inc. which found the bill would increase insurance costs – including personal auto and general liability for small businesses – by more than $2 billion. For medical professional liability insurance, costs are projected to balloon by as much as 45%, the group said.

"The unintended consequences will fall disproportionately on those who can least afford it," Stebbins said. "To protect New York's future, Gov. Hochul must veto this bill and work with stakeholders and the legislature to craft a bill that works for all." 

In an op-ed published Monday, Hochul acknowledged concerns about the "unintended consequences of this far-reaching, expansive legislation," which she said would be significant. 

She urged lawmakers to reconsider a compromise proposal her administration pitched last month, warning of the "risk that the time will expire for action by midnight." 

"This is an incredibly emotional and complex issue, and one that must be handled with thoughtfulness and balance: our goal must be to deliver justice for grieving families without sending the economy into distress," she wrote.