NY Wrongful Death Reform Faces 4th Veto

A legal and political story is unfolding right now in New York: Governor Kathy Hochul has only a few days left to decide whether she will sign or veto the Grieving Families Act—a bill that has passed the Legislature with overwhelming bipartisan support for the fourth consecutive year, yet has been blocked repeatedly at the final step. Despite near-universal backing from lawmakers, public safety advocates, racial-equity groups, and bereaved families, New York remains one of the only states in the country still using a wrongful death statute written in 1847—a law that values human life almost entirely by lost wages and denies families any recognition for grief, anguish, or emotional devastation.

NYC-based legal pundit David B. Lever, founding partner of Lever & Ecker, PLLC, offers the below opinion, breaking down why this reform is long overdue, why New York is an outlier, and what this decision will mean for families, insurance interests, and the civil justice system statewide.

Op-Ed from David B. Lever—a founding member of Lever & Ecker, PLLC, a plaintiffs’ personal injury law firm in White Plains, New York:

For the fourth year in a row, the Grieving Families Act has passed both chambers of the New York State Legislature with overwhelming, bipartisan support. Once again, the fate of this long overdue reform sits on Governor Hochul’s desk, poised either to correct a profound injustice in our civil justice system or to allow a 177-year-old statute to continue defining what a life is “worth” in New York.

New York’s wrongful death law has remained virtually unchanged since 1847. Under that antiquated framework, the value of a life is measured almost entirely by pecuniary loss. A family’s grief, anguish, shattered future, and permanent void are legally invisible, unless the victim happened to earn a high income or was a traditional wage-earning breadwinner.

The consequences are not abstract. They fall hardest on children, the elderly, caregivers, parents who stay home, and communities historically undervalued in the labor market. As a result, the law unintentionally reinforces longstanding racial, gender, and socioeconomic inequities.

The Grieving Families Act recognizes the reality that all lives carry meaning and that every family experiences real, measurable harm when a loved one is wrongfully taken. It would allow juries to consider grief and emotional anguish, expand who may bring a claim, and provide a realistic timeframe for families to seek accountability. It rejects the archaic assumption that human value is tethered only to earnings.

Opponents, led primarily by insurance interests, continue to warn of rising premiums and destabilized markets. Yet similar reforms have been enacted across nearly every other state without triggering the doomsday scenarios being invoked here. These arguments also ignore the broader societal costs New Yorkers already absorb when families lose a wage earner or caretaker: the loss of stability, the loss of homes, the collapse of small businesses, and the increased reliance on government support.

Families navigating wrongful death do not deserve to be treated as less important than the profits of insurance companies and large corporations. The question before the governor is whether the law should continue to prioritize institutional interests over human loss.

No amount of money can ever remotely make up for the death of a loved one. But people whose lives have been irrevocably changed by wrongful death demand justice and the right to know that New York acknowledges their loss as the incomprehensible, life-altering tragedy that it is. A system that compensates only lost wages and conscious pain and suffering treats the emotional devastation of these families as legally meaningless. That is not justice.

Critics have argued that updating the statute raises concerns about eligibility and complexity. But the overwhelming legislative support across multiple years demonstrates the will of the people. Most importantly, nearly every other state has successfully addressed these same issues while still ensuring fairness in the courts. New York remains an outlier not because reform is unworkable, but because powerful stakeholders have benefited from maintaining the status quo.

It is long past time for the wrongful death statute in New York State to recognize the right of a family to recover monetary damages for the grief and anguish of losing a loved one. Governor Hochul now has another opportunity to decide whether the law should reflect the lived experiences of New Yorkers, or remain frozen in a century that no longer exists.

Governor Hochul, please follow your conscience and sign the Grieving Families Act. It is the right thing to do for the people of New York.

About David Lever:

David B. Lever is the Founder and Senior Partner of Lever & Ecker, PLLC, a highly respected personal injury law firm based in White Plains, New York. For more than 30 years, he has dedicated his career to representing individuals and families whose lives have been disrupted by serious accidents, recovering millions of dollars in verdicts and settlements on their behalf—including a confidential $12 million resolution for a client catastrophically injured in a motor vehicle collision. Known for his integrity, compassion, and relentless pursuit of justice, Lever has built a reputation as a tireless advocate who treats every case as if it were his only one, ensuring each client receives the personal attention and dedication they deserve. Lever & Ecker has grown into one of the region’s most trusted personal injury firms, offering more than 75 years of combined experience across its legal team and achieving success in complex cases involving motor vehicle accidents, slip and fall injuries, construction accidents, wrongful death, traumatic brain injuries, and spinal cord damage.

Consistently recognized among the area’s top attorneys, Lever has been named to the New York Metro Super Lawyers list every year since 2020, honored as one of Westchester County’s Top 25 Lawyers and Hudson Valley’s Top Lawyers, and included among The National Trial Lawyers’ Top 100 Civil Plaintiff Trial Lawyers. Beyond the courtroom, Lever remains committed to community impact, serving on the Board of Directors for Adults and Children with Learning Disabilities (ACLD), one of Long Island’s largest nonprofits supporting individuals with autism and developmental disabilities.

Through his extensive trial experience, record of multimillion-dollar results, and leadership both in law and community service, David B. Lever continues to exemplify excellence, compassion, and integrity in the pursuit of justice for New Yorkers. His professional affiliations include the New York State Trial Lawyers Association, New York State Bar Association, and the Justice Brandeis Law Society, where he serves on the Executive Committee.