When a family loses a loved one to malignant mesothelioma, the impact goes beyond grief. The significant economic damages they face are made worse by the loss of their companionship and guidance, but the state of New York’s 178-year-old wrongful death statute offers no compensation for these damages. For the last three years, the state legislature has worked to pass the Grieving Families Act to address this shortcoming, and for the third time, Governor Kathy Hochul has vetoed the law.
New York’s Wrongful Death Act Bars Pain and Suffering Compensation
Though many states allow the spouses of deceased mesothelioma victims to seek compensation for loss of consortium, pain and suffering, and emotional anguish, New York’s Estates Powers & Trusts Law, which was written in 1847, only allows wrongful death compensation for medical and funeral expenses and, for surviving children, compensation for the value of parental guidance, nurturing, and care. Lawsuits seeking these remedies must be filed within two years of the victim’s death.
Acknowledging that this compensation falls short for those left behind by a mesothelioma death and others, a bipartisan group of New York legislators have been working to modify the existing law with the Grieving Families Act. The new law would expand recoverable damages, extend the statute of limitations, and allow a wider group of beneficiaries to file wrongful death claims.
Governor Vetoes Bill That Would Benefit Mesothelioma Survivors
Expanding the categories of damages available in wrongful death actions would significantly help those who’ve lost family members or spouses to malignant mesothelioma and other asbestos-related diseases. Though Governor Hochul has said that she favors expanding the categories of damages available, her vetoes have been spurred by failure to define “close family members”, as well as a retroactivity clause and a failure to evaluate the impact the changes would have on the state’s overall economy.
If someone you love died of malignant mesothelioma, you may be entitled to compensation for your loss. For more information, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
