Legal paperwork may be the last thing on any family's mind after the death of a loved one. But there are some choices that can't be put off long enough. The statute of limitations in New York applies to many wrongful death cases, and there might be other procedures involved depending on the circumstances and who could be liable.
Knowing the timeline early can prevent families from assuming that they have a long time. This period may vary depending on the claim, the defendant and other facts. Specific legal advice can assist in determining the rules that apply for the case at hand.
Understanding the General Filing Period
In general, a wrongful death lawsuit must be filed within two years of the person's death under New York law. This is in general, but it is not a guarantee that each case will go through the same timeline. Any special circumstances (such as where a public entity is involved, or where some specific legal issues are involved) may present special requirements or shorter deadlines.
The date of death, the name of the possible defendant and the grounds for the claim should thus be checked carefully. Families should not take it for granted that, if insurance proceedings continue or an investigation is underway or criminal trials are pending, the civil filing deadline is suspended. The impact of any exception should be assessed under the relevant law.
The Estate Administration Process Can Be Of Significance.
Typically, a wrongful death claim is filed by the personal representative of the estate of the deceased. Estate proceedings may be part of the proceedings if there is no executor or an administrator is required. This can develop into practical strategies which families should be mindful of long in advance of a potential filing deadline.
It is also significant that the representative's legal authority may be needed since a family member's connection with the deceased does not automatically entitle him or her to file the action. A will, estate administration, and who may be a legally valid beneficiary may be issues that must be dealt with by a legal expert.
Circumstances that may warrant additional attention and support.
There are special notice requirements and procedural rules that can apply in claims against municipalities or other public entities. Those questions may need to be addressed immediately in the case of a fatal crash with a government vehicle or an incident that is related to public property. Other complex issues such as medical malpractice can also cause questions as to which deadlines apply to each legal claim.
Here are some common deadline mistakes to avoid.
One common error, is believing that the insurance claim and the lawsuit are the same. They may not. The other is to think that an informal discussion with an insurer is enough to ensure the right to go to court. It is also not a good idea for families to use online summaries if the facts include exceptions or government defendants.
Conclusion
Timelines in wrongful death cases are an integral component of these types of claims. New York grants a two-year time period from the date of death to file a wrongful death case, but there are other rules and procedure involved depending on the circumstances. Attention at the outset allows families to identify dates of importance and what steps they may need to take to maintain any potential claim.
Families should not wait for an insurance determination or other investigation to conclude, but should obtain case specific advice if a fatal incident may have occurred due to negligence. Since 1934, Siben & Siben LLP has been a family-owned Long Island personal injury law firm. The information regarding its Long Island wrongful death lawyer can help you get started in understanding its practice and the questions you need to have for a consultation.