If you’ve lost a loved one due to someone else’s negligence or wrongful act, don’t let time slip away. Contact Apicella & Schlesinger Attorneys at Law today.
Losing a loved one is always devastating, but when that loss results from someone else’s negligence or wrongful act, the pain can be compounded by the need for justice and compensation.
In New York, families have the right to file a wrongful death lawsuit, but it’s crucial to understand that there’s a limited window of time to take legal action. This time constraint is known as the statute of limitations.
What is the Statute of Limitations for Wrongful Death in New York?
In New York, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. This means that the personal representative of the deceased’s estate must file the lawsuit within these two years, or they may lose the right to seek compensation through the courts.
Why is the Statute of Limitations Important?
Understanding and adhering to the statute of limitations is critical for several reasons:
- Legal Rights Preservation: Filing within the specified timeframe preserves your legal right to seek compensation.
- Evidence Collection: The sooner a case is filed, the easier it is to collect and preserve crucial evidence.
- Witness Testimony: Witnesses’ memories fade over time, making prompt action important for accurate testimonies.
- Financial Security: Timely filing can help ensure that the deceased’s dependents receive necessary financial support sooner.
Exceptions to the Rule
While the two-year limit is the general rule, there are some exceptions:
- If the wrongful death was caused by medical malpractice, the statute of limitations may be extended to 2.5 years.
- If the defendant is a government entity, a Notice of Claim must typically be filed within 90 days, with the lawsuit following within one year and 90 days.
- If the sole distributee of the deceased is a minor, the statute may be tolled until the child reaches the age of majority.
The Importance of Prompt Action
Even though you have up to two years to file, it’s advisable to consult with an experienced wrongful death attorney as soon as possible. Early action allows for:
- Thorough investigation while the evidence is fresh
- Proper estate administration setup
- Identification of all potential defendants
- Exploration of all available legal options
How Apicella & Schlesinger Can Help
At Apicella & Schlesinger Attorneys at Law, we understand the complexities of wrongful death cases and the emotional toll they take on families. Our experienced legal team can:
- Evaluate your case and explain your rights
- Ensure all deadlines are met
- Handle all legal paperwork and procedures
- Investigate the circumstances of your loved one’s death
- Negotiate with insurance companies on your behalf
- Represent you in court if necessary
We’re committed to helping you navigate this difficult process with compassion and expertise, ensuring you have the best chance at obtaining the justice and compensation your family deserves.
Don’t Wait to Seek Justice
If you’ve lost a loved one due to someone else’s negligence or wrongful act, don’t let time slip away. Contact Apicella & Schlesinger Attorneys at Law today for a free consultation. Let us help you understand your rights and guide you through the legal process while you focus on healing.