While the current New York wrongful death statute limits recovery in such cases to close family members, such as a spouse or child, and only for monetary loss, the pending legislation would broaden the scope of recovery to include emotional damages such as grief or anguish, as well as loss of affection and companionship. It would also include spouses, domestic partners, children, grandchildren, great-grandchildren, parents, grandparents, stepparents, and siblings as family members who could sue under the statute. The law would also increase the time limit for filing a wrongful death lawsuit from two to three and a half years.
A change in the law of this magnitude would significantly raise liability insurance premiums for both public and private entities across the state. According to an actuarial analysis by Milliman, Inc., if the bill is passed, medical professional liability costs would rise by nearly 40%, automobile and general liability insurance costs would rise by up to $2.2 billion, and annual premiums for residents and businesses would rise by 12.6 percent. Given the current economic uncertainty, which is accompanied by an inflation rate of more than 9%, such costs could wreak havoc on an already precarious economic situation.