Anderson, Moschetti & Taffany
Personal Injury Lawyers

What is the importance of time limits for wrongful death claims?

| May 21, 2020 | Wrongful Death |

When a loved one passes away, time may seem to come to a halt. Lawsuits and other legal issues are the last thing on your mind. 

However, for wrongful death claims, it is often important to file a suit as soon as possible. 

Cause to wait 

Many lawsuits that result from wrongful deaths often only allow for a short window of time for filing. Often, once you discover the cause of death, any of the deceased’s family or legal guardians have a limited amount of time to start a legal claim. 

However, there are limitations to whether or not a lawsuit can get filed. If the victim was at all liable for his or her death, it may change the outcome and process for the case. This situation is commonly called a derivative action. 

Personal injury 

In New York, there are multiple people who can file a wrongful death suit on someone’s behalf. Some of these people include the deceased person’s spouse, kids, parents, and even someone who controls his or her estate. Someone with knowledge of the person and the event may be the best choice to formally file the lawsuit. 

In order for a claim to be viable, you must prove there was negligence or otherwise unlawful actions that caused this death. In addition, death must impact the living members of his or her family, due to extreme distress or damages. 

Damages and limitations 

Speaking to a dedicated personal injury attorney, such as the ones at Anderson, Moschetti & Taffany, PLLC, can be an important first step if you think a wrongful death suit may be applicable.

The time limit for filing a suit is up to two years in New York. Once a successful suit goes through, the defendant can argue for damages such as medical bills, emotional suffering, funeral charges, and loss of income from jobs.