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When Can I File a Wrongful Death Lawsuit in New York?

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Brooklyn wrongful death attorney

The time after a loved one’s death is difficult to process, and legal matters may not be a priority. However, if you lose a spouse, parent, or child because of something another person could have prevented, you should consider filing a wrongful death lawsuit. If you plan on filing for a lawsuit, it is vital to understand when you can do so. Every state is different, but New York State law dictates who and when may file for a wrongful death lawsuit. To help prepare for a suit and to increase your chances of earning the damages that you deserve, speak with an accomplished wrongful death attorney near you.

Filing Wrongful Death Lawsuit

Before filing for a wrongful death lawsuit, it is worth understanding if your situation warrants such an approach. Wrongful death refers to when someone’s death was preventable, and either another person or company was at fault. If this is the case, you may be eligible for compensation from the party responsible. Also, there are ample grounds for a wrongful death lawsuit if the person who died could have collected damages for pain and suffering if he or she had not died. 

New York law has a two-year statute of limitations on wrongful death cases. This means that regardless of any other circumstances, the survivors of anyone who died due to another person’s negligence have two years maximum to file a wrongful death lawsuit. Some states “toll” statutes of limitation or put them on hold if the representative of the deceased person is a child or not yet legally able to file a claim. New York does not, and the state expects that person’s guardian to file a wrongful death lawsuit on the minor’s behalf.  

One final detail to add is that if you were gradually running out of time to file for a lawsuit during the coronavirus pandemic, Governor Andrew Cuomo signed an executive order on March 20, 2020, that placed a toll on statutes of limitation until August 5, 2020. In essence, this extended any statutes of limitation by 138 days.

Contact a Brooklyn Wrongful Death Attorney

Deciding whether or not to pursue a wrongful death lawsuit can be intimidating. Take some of the pressure off of yourself by working with a Manhattan wrongful death lawyer in your area. At Joey Jackson Law, PLLC, we put our 20+ years of experience into fighting for a fair outcome for our clients. If you are hesitant to move forward and have questions about your case, call 1-833-JOEYJACKSON or 1-833-563-9522 to schedule a confidential case evaluation.

 

Sources:

https://www.nycourts.gov/courthelp/goingtocourt/SOLchart.shtml

https://www.law.com/newyorklawjournal/2020/07/17/the-covid-19-toll-time-periods-and-the-courts-during-pandemic/

 

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