By Chris Genovese, “the Marketing Guy”
At the Kantor Gullo Law Firm, we’ve spent decades standing up for injured riders, railroad workers, and families whose lives have been forever changed by tragic injuries. Through that time, one truth has remained painfully clear: New York’s wrongful death laws are badly outdated— and unfair to grieving families. That’s why the Kantor Gullo Law Firm — along with ABATE of New York — strongly supports the Grieving Families Act (S2443/A6063).
When a loved one is killed because of someone else’s negligence — whether in a motorcycle crash, a car wreck, or due to medical error — the loss goes far beyond financial hardship. Families lose companionship, guidance, and love. Yet under New York’s current wrongful death statute, written many decades ago, the “pain and suffering” associated with a wrongful death are recognized in not properly recognized by our legal system.
Right now, the law only allows families to recover for things like lost wages or financial support. That means if a child, retiree, or anyone without significant income is killed, their family’s ability to seek justice is severely limited. In effect, the law discounts the value of a human life based on income, among other things — a standard that’s both outdated and deeply unjust.
The Grieving Families Act would finally bring New York into the modern era. It would allow surviving family members to be compensated for emotional anguish and loss of companionship, not just financial loss. It would also expand the definition of “family” to reflect real-life modern family relationships — recognizing that love and grief extend beyond outdated and narrow legal categories.
To put this in perspective, New York is one of only two states in the entire country (the other is Alabama) that still limits wrongful death claims to economic damages only. Forty-eight other states already recognize that the emotional toll of losing a loved one deserves to be acknowledged in court. It’s well past time for New York to catch up, as our current wrongful death statute dates all the back to 1847 – almost twenty years BEFORE the Civil War!
For motorcycle riders, this issue hits especially close to home. Riders are tragically over-represented in wrongful death cases, usually through no fault of their own. Distracted drivers, unsafe road conditions, and lack of awareness on the part of other motorists continue to take too many lives on our roads each year. (#LookBeforeYouLeft) When that happens, families are left not only with heartbreak but with a legal system that refuses to recognize the full impact of their loss.
That’s why ABATE of New York, our state’s motorcycle rights organization, also supports the Grieving Families Act. Like us, they understand that valuing a person’s life based solely on their paycheck is not justice. Riders know the risks they face every day — and they also know that every life lost on the road leaves behind loved ones who deserve compassion and fairness.
This movement to fix our state’s wrongful death statute also has strong bipartisan support in Albany. The latest version of the bill has once again easily passed in both houses of the legislature, and currently is waiting for the Governor’s signature.
Clearly, updating New York’s wrongful death law is not about partisan politics — it’s about people. It’s about recognizing that behind every statistic is a family struggling to heal. The Grieving Families Act would bring humanity back into the law and ensure that every New Yorker’s life — rider or not — has equal value in the eyes of justice.
At the Kantor Gullo Law Firm, we’re proud to stand with ABATE of New York, with grieving families across our state, and with everyone who believes that compassion and accountability belong in our courts. We’ve always been true advocates for the motorcycle community — not just in words, but in action. If you or someone you love has been injured in a crash, call the Kantor Gullo Law Firm at 716-626-0404. We ride, we care, and we fight for riders and injured people every day.
