Statute of Limitations for Wrongful Death in New York

If another person’s negligence has caused your loved one to suffer a fatal condition or injury, you’re probably experiencing a range of emotions and might not be sure how to proceed. At Morelli Law, we understand how painful and confusing it can be to lose a family member suddenly. That’s why we’re eager to share information on how to deal with wrongful death.

One of the most important aspects of filing a wrongful death lawsuit is making sure it’s submitted on time. The statute of limitations for wrongful death in New York can be found in EPTL §5-4.1 The statute states that you have two years from the death of your loved one to file a civil suit.

What Qualifies As Wrongful Death in New York?

If you’ve lost a loved one, you might wonder what qualifies as wrongful death in New York. EPT §5-4.1 defines it as a death caused by another party’s neglectful or wrongful actions. 

In most cases, attorneys will qualify wrongful death as death resulting from another party’s failure to uphold a reasonable duty of care. A duty of care is a legal obligation to act in a way that prevents others from suffering foreseeable harm or injury. 

A lawyer can further define wrongful death and determine whether or not your loved one was a victim of wrongful death. 

Consequences for Not Following the Wrongful Death Statute of Limitations in New York

Ignoring the statute of limitations and waiting more than two years to file a wrongful death claim could put you at a major disadvantage during this difficult time in your life. Here are some of the consequences of not following New York’s statute of limitations for wrongful death cases:

• Attorneys may refuse to take on your case
• You could be barred from taking legal action
• You won’t receive compensation for your emotional suffering
• You’ll have to pay out-of-pocket for the decedent’s funeral and burial 

You’ve already dealt with enough stress and frustration, so why make matters worse? Reach out to an experienced wrongful death attorney today to get started on your case. If your filing deadline has passed, contact a lawyer to find out if you have any other options.

Parties Who Can File a Wrongful Death Claim

If someone close to you has passed away in an accident, you might be unsure whether or not you’re eligible to pursue compensation on their behalf. In New York, there are laws that place restrictions on who can file a wrongful death claim. 

The following parties may file a wrongful death action:

• The decedent’s spouse
• The decedent’s children
• The decedent’s parents

A personal representative of the decedent may also pursue damages via a wrongful death suit. If you’re still unsure whether or not you’re legally allowed to file a lawsuit on your loved one’s behalf, speak to an attorney. A skilled lawyer can advise you on the wrongful death statute of limitations in New York and determine if you’re entitled to file a lawsuit. 

Wrongful Death Damages

When you meet with a wrongful death lawyer to discuss your case, they’ll ask you about the losses and emotional hardships you’ve experienced due to your loved one’s passing. Doing so will help them identify the damages you need to cover your financial losses and cope with your tragic loss. 

If your case is successful, you could receive any of the following damages:

• The decedent’s remaining medical bills
• Burial and funeral costs
• Pain and suffering
• Loss of financial support 
• Loss of services performed by the decedent
• Loss of consortium and companionship
• Mental anguish

Losing a family member or spouse can be incredibly hard. These damages can offer you the support you need to deal with the financial and emotional challenges you may be experiencing due to your loved one’s death. 

How an Attorney Can Help You Take Legal Action

In addition to abiding by New York’s statute of limitations for wrongful death claims, there are a number of other services that a lawyer can offer. If a wrongful death attorney agrees to take on your case, they’ll take the following steps to secure your compensation:

Conduct an Investigation

The investigation is one of the most crucial stages of a wrongful death case. During the investigation, your attorney will collect evidence to support your lawsuit and convince the court that you deserve fair compensation. 

Your lawyer will gather police reports, accident reports, witness testimonies, statements from medical professionals and other experts, photos of the accident scene, and other relevant pieces of evidence to build a strong case for you. 

Establish Liability

Once your attorney has gathered all the evidence they can find, they’ll use it to prove that the at-fault party should be held liable for your losses. Whether your attorney represents you in insurance negotiations or in court, they’ll present the facts of your case in a way that clearly establishes the at-fault party’s liability.

Fight for Your Compensation

Depending on the specifics of your case, your lawyer may pursue compensation through an insurance claim or a lawsuit. If they decide to take the insurance route, they’ll negotiate with adjusters to reach an offer that covers all of your accident-related expenses and emotional losses.  

If your attorney decides that the best course of action is to file a lawsuit, they’ll present your case in court and make a compelling argument as to why you deserve a fair award. Contact an attorney today to learn more about your best course of action after a family death and the statute of limitations for wrongful death claims in New York. 

Contact a Wrongful Death Attorney From Our New York Firm Today

Now that you’re familiar with the statute of limitations for wrongful death in New York, you know how important it is to hire an attorney as soon as possible. At Morelli Law, our attorneys would be happy to offer you a free consultation to determine if you’re eligible to take legal action on your loved one’s behalf. 

If a wrongful death lawyer from our team agrees to work with you, they’ll work tirelessly to obtain the damages you need to stay sane and financially stable during this deeply upsetting time. Contact us today to schedule a free consultation and learn more about your legal options.