When a loved one passes away it can be saddening and requires time to mourn. If the passing occurred as a result of another party’s negligence the surviving family may be traumatized or eager to get justice on behalf of their dearly departed. When a person dies as a result of someone else’s actions, whether intentional or accidental, an executor may be able to file a wrongful death claim to receive damages for the incident. Speak with a Rockland County wrongful death lawyer to learn what your rights are after your loved one’s passing and acquire skilled representation during a wrongful death lawsuit.
What is the Statute of Limitations for a Wrongful Death Claim?
A statute of limitations is the legally authorized period after an accident or crime where a victim can begin the legal process of filing a claim or lawsuit. Every type of accident will have a different limit and they will vary depending on the state in which it occurred.
In New York, the statute of limitations for a wrongful death lawsuit is generally two years. This means that if you do not file a claim within two years of the date of your loved one’s death you can forfeit your right to pursue compensation.
However, under certain circumstances, the two-year limit can be adjusted. For example, if the wrongful death resulted from medical malpractice the statute of limitations is 2 and a half years from the date of death. Additionally, if the responsible party has a criminal case against them relating to the death then the statute of limitations is one year from the date that the case ends.
Who is Eligible to File the Wrongful Death Suit?
States have individual laws on who is entitled to file a wrongful death lawsuit on behalf of the departed. New York state law dictates that a wrongful death claim can be filed by either the deceased’s children, parents, spouse, or by the executor of the deceased’s estate. The executor is a personal representative who is appointed by the owner of an estate before their passing.
Should I Hire an Attorney?
If you are filing a wrongful death claim it is important that you work with a skilled attorney. Your lawyer will be able to help you ensure that you are legally entitled to file a claim as well as navigate the legal process. Filing a lawsuit can be complex and time-consuming, especially with a wrongful death case. It can also be confusing to understand the statute of limitations if other factors impact the length of the limitation. Working with an experienced attorney can help put your worries at ease as they will have a deep understanding of the legal system as well as the nuances of wrongful death cases. Contact a lawyer today.
