The New York wrongful death statute of limitations is Estates, Powers & Trusts § 5-4.1. If you are considering filing a wrongful death lawsuit in New York, you should be aware that there is a limited window of time to take this civil action before the deadline in your case runs out. At that point, you will be unable to recover damages through the legal process.
When you hire a wrongful death lawyer from our firm we will meet all deadlines in your case, including meeting the statute of limitations. We don’t want you to lose your right to file a wrongful death lawsuit, as this allows you to get justice for your loved one and hold the liable party accountable for your losses.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action, as opposed to a criminal case, in which the family of the decedent seeks to recover compensation for losses they sustain due to the death of someone they love.
You must be able to prove that your losses are the result of negligence by another party and provide evidence of your financial losses.
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What does Statute of Limitations Mean?
The statute of limitations is a deadline to file a civil action or lawsuit such as a personal injury or wrongful death lawsuit. You only have so much time to file a lawsuit before this deadline expires, usually from the date of your injury or the death of the decedent.
The amount of time you have to file a lawsuit varies from state to state. Some states only give you two years, while others give you three or four. A few only provide you with one year.
What Is the Statute of Limitations to File a Wrongful Death Lawsuit in New York?
As a general rule, your r time to file a wrongful death lawsuit in New York according to Estates, Powers & Trusts § 5-4.1 is two years from the date of death. While it’s entirely normal and understandable to consider your legal options and take the time you need to grieve, it is critically important not to let the deadline pass before taking action. As a practical matter, the sooner you contact an experienced and dedicated wrongful death lawyer, the more time they will have to build the strongest case possible
When you decide to file a wrongful death lawsuit, the wrongful death lawyers at our firm are ready to take prompt action on your behalf.
What Happens If the Statute of Limitations Expires in Your Case?
If you were to take too much time to file your lawsuit and the statute of limitations runs out in your case, you will lose your right to file a wrongful death lawsuit. This means you will no longer be able to pursue compensation from the negligent party and their insurance provider through the legal process.
We strongly recommend consulting a wrongful death lawyer as soon as possible after an accident. Our firm will, as stated above, meet all deadlines in your case, including the statute of limitations, so you retain your right to recover compensation from the negligent party through the legal system.
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A Wrongful Death Lawyer Will Benefit Your Case
Filing a wrongful death lawsuit on your own is a complex undertaking. The legal process is fraught with technical language, deadlines, and an extensive amount of paperwork. On top of that, you must have evidence to support your claims and demonstrate your losses. The ins and outs of the insurance system are equally frustrating to understand.
A wrongful death lawyer from our firm understands all the technical details of the insurance system, has the training and experience to work your case through the legal process, and will guide you through every step as we fight to recover the compensation you deserve.
If you hire our firm, we will:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
We understand that your case is important to you and your family, but you don’t have to navigate it alone. We will handle your case the way we would want a case brought by a family member of our own handled. Having an attorney from our firm represent you allows you to leave the legal fight to us so you have time to focus on grieving with your family, taking care of the decedent’s affairs, planning a funeral, and making plans to rebuild your life.
It also evens the playing field, since the negligent party and their insurer will likely have legal representation of their own. We will protect your rights and prevent the other side from taking advantage of you during this vulnerable time in your life.
Wrongful Death Statute of Limitations Exceptions
There are certain circumstances that will support an extension of time under the statute of limitations. However, these exceptions to the general rule are technical and should be relied upon only after the particular facts of your case are reviewed by an experienced wrongful death lawyer.
Your wrongful death lawyer will be able to tell you if your case qualifies for an extension during a free consultation when we evaluate your case.
Learn More About New York Wrongful Death Statute of Limitations Today
You only have a limited amount of time to decide to file a wrongful death lawsuit in New York. Failing to file a lawsuit before the deadline in your case expires could prevent you from recovering the compensation you deserve to cover your losses.
Our law firm will meet the statute of limitations in your case because we understand your pain and your desire for justice. If you lost someone you love because of someone else’s negligence, we offer you and your family our most sincere condolences. We want to fight for you and hold the negligent party accountable, allowing you to move forward.
To learn more, or to talk to us about your case, call for a free consultation from Friedman & Simon, L.L.P. today.