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Families make final call for Governor Hochul to sign the Grieving Families Act

"I want the process to end tonight."
Bernadette Smith holding up a photo of her late grandchild
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ALBANY, N.Y. (WKBW) — The clock is ticking for Governor Hochul to sign her name on the Grieving Families Act. Families have been fighting for changes to wrongful death laws in New York for years and say they're fed up.

"We want to be part of the process going forward, but quite frankly I want the process to end tonight," said Kevin Cushing, family member of one of the victims from the Schoharie limo crash of 2018.

The original law was enacted before the Civil War and it says in a wrongful death, families can be compensated for pecuniary loss, or loss related to money or income.

"The life of a hedge fund manager has great value in the system. An office cleaner virtually none">

Bobbi Koval says her son was on his way to becoming a hedge fund manager when he was hit and killed by a driver in New York City nearly six years ago.

"My son wasn't a paycheck...he was a person," said Koval.

Family members say it's not about the money, it's about holding the negligent accountable. The new bill would include the emotional loss suffered by family members.

It was passed in the Assembly and Senate in June of 2022 and brought to Governor Hochul's desk on December 28, 2022. She has until the end of the day January 30, to sign it.

Governor Hochul's response

At 5am on January 30, Governor Hochul released an op-ed in the New York Daily News saying she agrees the law is unfair and needs to be changed, her question is how.

"This is an incredibly emotional and complex issue, and one that must be handled with thoughtfulness and balance: our goal must be to deliver justice for grieving families without sending the economy into distress," said Hochul.

Families and advocates say it's a myth that the economy would crumble, citing dozens of other states that have changed the law successfully.

"And if she had that argument, why did she wait 8 months, why did she wait until the last possible moment to address it?" asked Marilyn Kausner, who lost her daughter on flight 3407.

Governor Hochul suggests first making changes to the bill and then signing a new version. Families want the bill signed today and amendments made at a later date.

And if there's no signature, they say they'll be right back in Albany tomorrow.