Free consultation


Free consultation

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.
motor vehicle

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.


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
Bicycle accident claims the life of a local 13-year-old

A tragic bicycle accident in a suburb of Rochester took the life a of 13-year-old boy. Those who knew the teen described him as intelligent and talented in many ways. The driver of a motor vehicle struck the boy at an intersection.  Authorities said that they are...

The types of car accident damages that can help victims

Car accident victims can suffer a variety of serious and catastrophic injuries. Serious injuries can include brain injuries, broken bones and other types of injuries as well. When this happens, it is important for victims to be familiar with legal resources that can...

Statistical analysis shows rise in truck accidents in 2019

New Yorkers sharing the road with large trucks will likely be concerned about the possibility of a collision. Since these vehicles are so massive, travel long distances, move at significant speeds and drivers are on the road for long stretches, there are myriad...

Evaluate My Case

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

Bradley Kammholz, Esq.

Meet Brad


Meet Joe