In this episode of Hard Hats & Justice, Chris Gorayeb examines one of the most controversial limitations in New York wrongful death law: when someone is killed because of another party's negligence, the surviving family generally cannot recover damages for their grief, emotional anguish, or loss of companionship. Instead, New York law largely measures the loss in financial terms, including lost wages, financial support, services the deceased would have provided, and certain other economic damages. The foundation of the statute dates back to 1847, creating a system in which the financial value assigned to a death can depend heavily on the deceased person's earning potential.

The episode explores the proposed Grieving Families Act, legislation intended to dramatically change that system by allowing families to seek compensation for grief, anguish, loss of companionship, and loss of society. The legislation would also broaden who may qualify to bring certain wrongful death claims and extend the statute of limitations. The New York State Legislature passed versions of the measure four consecutive times, including with overwhelming support in 2025, but Governor Kathy Hochul vetoed the legislation each time. Supporters argue that New York's current system undervalues retirees, children, undocumented workers, lower-income workers, and others whose economic earnings may not adequately reflect the significance of their lives to their families.

For construction workers and their families, the issue carries particular weight because serious and fatal workplace accidents remain an unavoidable reality of a dangerous industry. The episode explains that even when negligence causes a worker's death, the current system may compensate a family for economic losses while failing to recognize the emotional devastation of losing a spouse, parent, child, or loved one. Chris urges workers and families to understand the law before tragedy occurs, pay attention to the continuing political fight surrounding the Grieving Families Act, and know their legal rights if they are already navigating a wrongful death claim.

About Gorayeb & Associates, P.C.

Founded in 1981, Gorayeb & Associates, P.C. is one of New York's leading personal injury law firms, specializing in construction accident litigation. The firm has represented more than 12,000 injured workers and secured over $2 billion in verdicts and settlements. The firm provides bilingual legal services and free community education to immigrant and working class communities across the five boroughs.

For more information visit: https://www.gorayeb.com/en/