Losing a loved one in a fatal accident is tragic. When the accident was the result of another person’s negligence, surviving family members may have legal recourse. The state of New York allows family members to seek compensation for their losses by filing wrongful death claims against the individual believed responsible. This, however, must be done within a specific timeframe.
After a loved one dies, filing legal claims is usually the last thing on anyone’s mind. There is a lot to do with funeral arrangements and achieving a new normal to one’s life, which is not easy. Nevertheless, it is okay to start thinking about recouping any financial losses and seeking compensation for any non-economic damages sustained.
Wrongful death claims and other applicable legal actions may be filed in a civil court in an effort to recover any financial losses and to seek compensation for any non-economic damages sustained as well. Statutes of limitations do apply to such cases, though. In a wrongful death case, the claim must be filed in a New York court within two years of the victim’s death.
Failing to file wrongful death actions in the approved timeframe means that surviving family members may lose out on compensation to which they may be entitled, according to the state of New York. So, while it is okay to wait a short bit after a loved one dies due to another’s negligence, waiting too long is not in one’s best interest. An experienced wrongful death attorney can assist surviving family members of victims with filing the claims appropriate to their cases and seeking fair and full compensation for their losses.
Source: nycourts.gov, “Statute of Limitations“, Accessed on Jan. 17, 2017