The sudden loss of a loved one is an unimaginably painful experience, and it’s even worse when someone else’s negligence led to your loved one’s death. In a case like this, it’s natural to want to deal first with the immediate sorrow of loss and put off any thoughts of a lawsuit: but how long do you have to file a wrongful death lawsuit? A wrongful death attorney can help you understand the importance of the statute of limitations, which is the timeframe within which you must file a lawsuit.
How Long Do You Have to File a Wrongful Death Lawsuit?
Two-Year General Rule
In most wrongful death cases in New York, the statute of limitations is two years from the date of the deceased’s death. This means you have two years to initiate a legal action against the party responsible for your loved one’s passing. Missing this deadline typically means you will not be allowed to seek compensation at all.
Exceptions to the Two-Year Rule
While the two-year rule serves as the general guideline, there are some specific situations where exceptions can be granted:
Medical Malpractice
If medical negligence was the reason for the wrongful death, the statute of limitations is extended to two and a half years from the date of death.
Criminal Case Against Responsible Party
If the person responsible for the death is also facing criminal charges, you have just one year from the conclusion of the criminal case to file a wrongful death claim.
Beneficiary Under 18
If the only beneficiary of a wrongful death claim is a minor under the age of 18, the statute of limitations is tolled (paused) until the minor reaches adulthood or a legal guardian is appointed.
Government Entity Claims
When you’re filing a wrongful death claim against a government entity, like the City of New York or the New York City Housing Authority, there are some different rules. You must file a Notice of Claim within 90 days of the deceased’s estate. This document formally informs the government agency of your intention to sue, outlines the details of the accident, and gives detailed information on the damages you are claiming. After submitting the Notice of Claim, you have only one year and 90 days to file a lawsuit against the government entity.
Act Swiftly, Protect Your Rights
Delaying legal action in a wrongful death case can have consequences beyond losing the ability to sue. Evidence weakens over time, witnesses become harder to locate, and building a strong legal case becomes more challenging with each passing week.
If you believe your loved one’s death was caused by the negligence or wrongful actions of another party, you must get experienced legal counsel as soon as possible. An experienced wrongful death attorney can make sure you file your claim within the appropriate timeframe, take on the burden of dealing with the legalities so you can grieve, and ensure you have the best chance of obtaining justice and financial support during this difficult time.
Protect your rights and work towards securing the compensation your family deserves. Contact the Law Offices of Barry M. Goldstein right away for help anywhere in the New York Metropolitan Area.
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