Brand

Free consultation
585-687-4425

Brand

Free consultation
585-687-4425

PLEASE NOTE: To protect your safety and in response to the recent COVID-19 safety measures, we are offering our clients the ability to meet with us via phone and video conferencing. We urge you to email or call our office to speak with us on how we can help you. We want you to know that we are here for you, and we will continue to meet our client’s needs, both new and existing, in the upcoming weeks.
Please reference the link below for a one-page factsheet from the CDC, which we find informative on the virus.
https://www.cdc.gov/coronavirus/2019-ncov/downloads/2019-ncov-factsheet.pdf
Moto
motor vehicle
accidents
Truck
Trucking
Accidents
Medi
medical
malpractice
Cont
construction
accidents
Cata
catastrophic
injuries
Prem
premises
liability

The statute of limitations for wrongful death

| Sep 9, 2019 | Uncategorized

The death of a loved one can be hard to take. It can be even harder when the loss of life is because of others’ negligent acts.

Thankfully, there are means to seek restitution in such situations, such as wrongful death claims. Before pursuing such cases, it is important to understand their key aspects. In particular, there are certain things to understand regarding the statute of limitations on a wrongful death claim.

The law

People must file a claim within a given timeframe after an accident, also known as the statute of limitations. In New York, the statute of limitations for a wrongful death claim is two years after the victim’s passing. There may also be instances where the party is not aware of the cause of death until after the statute of limitations expires.

The case

While some cases, such as fatal auto accidents, may result in quick claims, there are other instances where this is not the case. For example, a party may survive an accident but suffer extensive injuries that result in her or his passing weeks or months later. The statute allows for the deceased’s loved ones to pursue monetary compensation for the negligent party’s improper acts according to when the party passes. This also allows claimants time to grieve and get into a clear headspace before entering a legal case.

Exceptions

While most cases must abide by the strict statute of limitation, there are certain instances where parties may have more time. For instance, in cases related to the 9/11 terrorist attacks, parties have an additional six months to file a claim. To determine when cases may have such exceptions, it may be beneficial to consult with an attorney.

While a wrongful death claim cannot bring a loved one back, it can help to relieve some of the ordeal’s financial burden. For some, that may be worth the fight.

FindLaw Network
Understanding New York’s contributory negligence law

When the English colonists began to establish formal legal systems in the New World, they copied many of the legal rules and institutions that prevailed in English courts. One rule that survived crossing the Atlantic was the so-called “contributory negligence” rule....

4 Special precautions to take when driving at night

Autumn's arrival brings with it changing colors, cooler temperatures and, unfortunately, more time spent driving in the dark. With shortening days combined with less visibility on the road and other factors such as fatigue or poor weather conditions, it's no wonder...

Rear-end auto accident kills two children, injures two adults

In Rochester and throughout New York State, auto accidents are an understandable concern. Many drivers are reckless, distracted, drive under the influence or commit other violations that place themselves and others at risk. While any motor vehicle accident carries...

Evaluate My Case

Speak With One Of Our Attorneys Today About
Your Unique Situation.

Bradley Kammholz, Esq.

Meet Brad

JOSEPH A. ROSSI JR., ESQ.

Meet Joe