Imagine if a reckless driver caused a crash that took the life of a young child. Picture the heartbreak of that child’s family, who now have to live with an unimaginable loss, due to someone else’s fault.
You would think the law would help these families get justice, right? That someone would be held accountable? That someone would have to pay the price for taking an innocent life? Unfortunately, given the current law in New York, you would be wrong.
I’ve cried every day since May 3, 2023. My life was broken that night. My son, Ethan, was just 14 years old when a drunk driver took his life. Ethan was full of kindness, joy, ambition, love, and happiness. His future was stolen in an instant. And yet, under New York’s outdated law, Ethan’s life is considered to have absolutely no value for my family’s grief, and the deep pain my family feels is completely ignored.
New York’s wrongful death law is over 175 years old. Today, if someone is killed due to another person’s wrongdoing, like a drunk driver in our case, their family can seek compensation based on whether the victim was earning money for their family. This means if a child, a stay-at-home parent, or a retired grandparent is killed, the law says their life has basically no value. No exceptions.
Losing a loved one isn’t just about losing their paycheck. It’s about losing their laughter, love, and future moments together. Forty-eight out of 50 states in the United States ensure that grieving families have a path to justice. But not New York.
The New York Legislature recognized this injustice and sought to pass the Grieving Families Act, a law that would finally allow families to seek justice for their pain and suffering. It had overwhelming support from both Democrats and Republicans (how often do we see that these days?!)—proof that this isn’t a partisan issue but a moral one.
Yet, Gov. Kathy Hochul vetoed it three times.
The impediment seems to be the risk that insurance premiums would rise largely in the case of wrongful deaths on the part of doctors or hospitals. I’m sure, and I hope and pray, that a compromise can be made to pass this bill.
Can anyone side with a drunk driver responsible for someone else’s death? Seems like Governor Hochul does.
Now is the opportunity for state officials, including Governor Hochul, to fix an unjust law. Imagine losing a child and being told, “Sorry, but accountability only matters when the victim is either alive or was earning a paycheck.” That’s exactly what my family and I are facing.
Ethan’s life mattered. Every life lost matters. It’s time for our State and the Governor to stand with families by updating New York’s wrongful death laws.
Almost every state in the US agrees. New York families agree. Democrats and Republicans agree. If you agree, I am asking you, on behalf of my family, myself, and my son’s memory, to call and email your State Senator and Assemblymembers as well as Governor Hochul, to tell them to pass the Grieving Families Act.
Gary Falkowitz is a personal injury attorney and East Hills Village prosecutor in Nassau County.
