Filing a wrongful death suit in New York requires understanding the statute of limitations. This legal deadline determines how long you have to bring a claim after a loved one’s death due to medical malpractice.
What is the statute of limitations?
In New York, the statute of limitations for wrongful death suits is generally two years from the date of the person’s death. If you miss this deadline, you may lose the right to pursue compensation. In some cases, if the cause of death was not immediately apparent, the time limit might start from when the person discovered the cause of death.
Exceptions to the rule
Certain circumstances can extend or modify the statute of limitations:
- Medical malpractice: If the wrongful death is due to medical malpractice, the discovery of the malpractice can sometimes affect the time limit.
- Minors: If minors are the beneficiaries, the statute of limitations may pause until they reach the age of 18.
Importance of timely action
Filing within the statute of limitations is crucial for several reasons. Namely, witness memories can fade over time, and key evidence can disappear, which can negatively affect the outcome of your case. Additionally, you may find that it becomes harder to prove the validity of your pain and suffering if you wait too long to file.
Act promptly to preserve your rights
If you are thinking about filing a wrongful death claim, it’s important to understand and adhere to these critical deadlines to avoid losing your right to file. Professional guidance can help you determine your timeline to file a wrongful death lawsuit.
