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Wrongful Death Statute of Limitations

Wrongful Death Statute of Limitations

Losing a loved one is probably one of the hardest things to deal with in life, no matter how it happened, it is terrible thing. It is far worse if the loss was the result of someone else’s negligence and was completely preventable.

In situations where this is true, the other person or company who is at fault can be held responsible and forced to pay damages to family members through a wrongful death claim.

A wrongful death claim can come up in situations where a victim who would have had a valid personal injury claim died. This means that for example, if an employee had a work-related accident, due to their employer’s wrongful actions, and then died. A wrongful death lawsuit can be brought against the employer by surviving family members of the victim.

If you have lost a loved one due to the actions or in-actions of another person, the first thing to do is to speak to a wrongful death attorney. This is so that you can embark on your compensation journey with a full understanding of your rights and options.

At Oshan and Associates, our wrongful death attorneys care about you and your case. We are passionate about helping you recover the fair and just compensation you deserve. Contact us today for a free no obligation consultation.

Who can sue for wrongful death?

A wrongful death claim is usually filed by a representative on behalf of the survivors who suffer damages from the victim’s death. This representative is usually the executor of the deceased’s estate. The survivors can also be called the real parties in interest.

These real parties in interest are the ones who can sue for wrongful death. They include:

  • Immediate family members: Under New York Laws, immediate family members like spouses and children (including adopted children) can file a wrongful death lawsuit.
  • Life partners, financial dependents: in some other states, a domestic or life partner or anyone who was financially dependent on the deceased can file a wrongful death lawsuit.
  • Distant family members: Some states allow more distant family member such as brother, sisters and grandparents to file for wrongful death. In New York, a grandparent who is raising a child alone may be able to file for a wrongful death lawsuit. 

Notice of claim: No wrongful death action against a public authority or public benefit corporation may proceed unless a notice of claim has been served on the authority or corporation according to the New York general municipal law. 

Statute of limitations 

Wrongful death actions have specific time limits for when they can be filed. These time limes are called statute of limitations and when the period runs out, you lose your right to sue on that legal claim. 

Under New York laws, the lawsuit must be filed within 2 years of the date of the person’s death. So, if you have a wrongful death claim to file, you should not delay it any further than necessary.

Although all is not lost if you have run out of time on your statute of limitations period. There are few last resort options to try and extend the time limit. One of them is tolling the statute of limitations.

Tolling (delaying or suspending) the statute of limitations is very common. There are many situations that could warrant tolling. For example, minors cannot use up their statute of limitations while they are still minors. So, if a child wants to file a wrongful death claim for the death of a parent, the child can file many years later because the statute of limitations kicks in when the child turns 18.



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