When a loved one’s life is tragically taken due to someone else’s negligence, the surviving family deserves justice. That Justice starts when a Wrongful Death lawsuit is filed in a timely manner. New York law places strict limits on the time you have to file a wrongful death case. Understanding the NY statute of limitations for wrongful death is vital to protecting your rights and ensuring your case gets the attention it deserves.
At Lambrou Law, our New York City wrongful death lawyers provide compassionate and comprehensive legal representation to families during these difficult times. In this guide, we’ll break down the statute of limitations for wrongful death cases in New York, any exceptions that could apply, and why taking action quickly is so important.
What is the NY statute of limitations for wrongful death cases?
In New York, the statute of limitations for filing a wrongful death claim is two years from the date of the individual’s death. This means that the family or the estate of the deceased has up to two years from the date of the death to file a wrongful death lawsuit against the party responsible for causing the death.
This time frame is established by New York Estates, Powers and Trusts Law (EPTL) § 5-4.1, which governs wrongful death actions in the state. If a claim is not filed within these two years, the court may dismiss the case, leaving the family without legal recourse to seek compensation for their loss.
Why the statute of limitations is important
The NY statute of limitations for wrongful death is critical because it protects the rights of both the survivors and the defendant. It ensures that wrongful death claims are filed while evidence remains fresh and witnesses’ memories are clear, allowing for a more accurate case resolution.
For the surviving family, meeting the statute of limitations is essential to recovering compensation for:
- Funeral and burial expenses
- Medical bills related to the deceased’s final injury or illness
- Lost income or financial support the deceased would have provided
- Loss of parental guidance and care
- Pain and suffering experienced by the deceased before death
If the statute of limitations expires, the family may lose their ability to recover these damages, regardless of the strength of their case.
Are there any exceptions to the statute of limitations?
While the general statute of limitations for wrongful death claims in New York is two years, some exceptions can extend beyond this deadline or other laws may shorten this deadline:
- Discovery of new evidence: In extremely rare cases, if new evidence surfaces showing the cause of death was due to wrongful actions, the statute of limitations may be paused until the discovery. Strong justification is needed for why the claim wasn’t filed earlier.
- Medical malpractice: If the death resulted from medical malpractice, the statute of limitations might begin from the date the malpractice was discovered, though this is limited to specific circumstances.
- Governmental entities: Claims against a government entity must meet stricter deadlines—a notice of claim must be filed within 90 days, and the lawsuit must be filed within one year and 90 days or less depending on the municipality.
Importance of filing a wrongful death claim as soon as possible
While the NY statute of limitations for wrongful death allows families two years to file a claim, it’s important to act quickly. Delaying a wrongful death lawsuit can make it more difficult to gather essential evidence, such as witness statements, accident reports, and medical records. Over time, memories fade, documents can be misplaced, and physical evidence may no longer be available, weakening your case.
At Lambrou Law, we encourage families to seek legal advice as soon as possible after their loved one’s death. Not only does this help preserve critical evidence, but it also allows us to begin building a strong case on your behalf.
What happens if I miss the statute of limitations?
If you fail to file a wrongful death lawsuit within the statute of limitations, the court will likely dismiss your case. This means that you will lose your right to pursue compensation for your loved one’s death, regardless of the strength of your claim or the egregiousness of the defendant’s actions. Missing the filing deadline is a devastating outcome for grieving families, which is why it’s so important to act promptly.
Understanding the NY statute of limitations for wrongful death
The NY statute of limitations for wrongful death is an essential legal deadline that must be followed to preserve your right to seek compensation. With a two-year filing window in most cases, it’s crucial to act quickly to protect your claim. At Lambrou Law, we are here to support you during this difficult time, providing compassionate and experienced legal representation to help you seek justice for your loved one’s untimely death.
If you have questions about filing a wrongful death claim or need assistance navigating the legal process, contact us today for a free consultation. We’ll help ensure that your claim is filed on time and you receive the compensation you deserve.
