It's time to reform New York's antiquated wrongful death law | Opinion

In May of this year my precious two-year-old granddaughter, Raelynn, was killed in a two car collision in Niagara County. Our family was devastated. We now live with the realization that we will not have the opportunity to see her grow up, feel her hugs, hear her songs, see her smile, or fulfill her destiny.

No one ever wants to find themselves mourning the loss of a loved one, especially when the tragic circumstances were preventable, as in the collision that took Raelynn’s life. But the unfortunate reality is that unexpected tragedies like this are all too common.

After tragedies, surviving loved ones rely on the legal system to provide accountability and deter future tragedies. In New York, however, the law fails to hold wrongdoers responsible — particularly when low-income men and women, children and the elderly are the victims of such tragedies.

New York’s Wrongful Death law has not changed since enacted in 1847; it only allows families who lost a loved one to recover damages based on the deceased’s financial contributions. Thus, families of those killed due the negligence of others can only receive reasonable financial compensation for the loss of the individual if that individual was a high-income earner. And New York is one of only two states — with Alabama — that fails to recognize claims for emotional loss of a loved one in wrongful death cases.

Under New York’s pre-Civil War law, the loss of my granddaughter is not valued because she wasn’t our family’s breadwinner. The emotional toll of losing her, the grief and anguish experienced by her grandparents, her parents and her sister are not recognized under New York law.

Now Gov. Kathy Hochul has the chance to update this antiquated, 175-year-old law. The Grieving Families Act (S.74-A/A.6770), sponsored by state Sen. Brad Hoylman and Assemblymember Helene Weinstein, passed both the Senate and Assembly with overwhelming, bipartisan support and is currently awaiting the governor’s signature.

The bill would modernize New York’s wrongful death law to allow families who have suffered immeasurable losses to pursue damages that measure their loss beyond just their loved one’s salary, including the pain and suffering they have experienced firsthand — something that more than 40 states already allow for. The law would also expand the definition of “close family” to ensure more loved ones can achieve justice.

Right now the costs of the loss of an individual due to someone else’s bad actions are borne by families and loved ones. The best response the state could have is to enact safety measures that better protect the public from needless deaths in the first place — but when they do occur, surely the deceased’s loved ones shouldn’t bear the burden.

That is why I, along with a coalition of civic organizations, urge Hochul to sign this much needed update to the state’s outdated wrongful death law.

Bernadette Smith, Ed.D., is a resident of Lockport, New York.

Blair Horner is executive director of the New York Public Interest Research Group.

This article originally appeared on Rochester Democrat and Chronicle: It's time to reform New York's antiquated wrongful death law