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How Long Do I Have to File a Wrongful Death Lawsuit in New York?


After the death of a loved one, a family is often left reeling from the loss and the last thing they are thinking of is filing a lawsuit. However, time is of the essence if you wish to obtain just compensation from the responsible party who caused the death of your beloved relative. Every state, including New York, has a statute of limitations, during which you must file a wrongful death claim. If you miss out on this deadline, you will be forever barred from seeking fair and just compensation. In New York, the statute of limitations on a wrongful death lawsuit is two years.

To have a viable wrongful death claim, the incident that caused your loved one’s death must have involved negligence. In some cases, this might be more straightforward, such as a motor vehicle accident that resulted in fatal injuries. However, in a medical malpractice case, the details might render your case less black and white. For example, if your loved one died of cancer and received a mammogram that came back negative, or the physician misread the test results, this could complicate a case. Under these circumstances, the family of the decedent might not have been aware of the malpractice at play and, as such, the clock would not begin on their claim until they should have reasonably been aware of it.

Wrongful Death Lawsuits Against a Government Entity

In cases that involve a public entity, such as the state or other quasi-governmental agency, the statute of limitations to file a notice of claims is 90 days. It is critical to hire a wrongful death attorney as soon as possible to ensure you are within the boundaries of the law and to ensure you do not miss out on your chance to obtain the fair and just compensation to which you are entitled.

Minor Children

When the only beneficiary is a minor child, the statute of limitations can be extended until a guardian is appointed or the child reaches the age of maturity. In cases where the decedent had a will and named a parent as an executor or appointed a guardian, the statute of limitations would still be two years.

Wrongful Death Attorney in Nassau County

If you lost a loved one as a result of another party’s negligent actions, you have the right to pursue compensation for the emotional suffering you endured. At the Law Offices of Charles R. Gueli, we are dedicated to providing exceptional services for those who seek our help. Do not risk waiting to file your wrongful death claim or you might lose your chance to secure the compensation you rightfully deserve.

For the compassionate and experienced representation you need during this difficult time, contact our office today at (516) 628-6402 to schedule your free initial case evaluation.
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