Pecuniary loss only, and a separate survival claim
New York's wrongful death statute is limited to pecuniary injuries plus funeral and medical expenses under EPTL 5-4.3. Current law allows the loss of support, services and inheritance and the loss of nurture, guidance, counsel, advice, training and education, but not grief or companionship as such.
The Grieving Families Act was vetoed again on December 5, 2025. The decedent's own pre-death suffering is recovered through the survival action in EPTL 11-3.2, which belongs to the estate. The deadline is two years from the death.