What is the statute of limitations for filing a wrongful death claim in a car accident case?

In New York, the statute of limitations for filing a wrongful death claim in a car accident case is two years. This means that if a loved one died as a result of an accident, the family must file a lawsuit within two years of the date of death, or their right to recover damages may be lost. In general, wrongful death claims are filed when someone is killed due to another person’s negligence, recklessness, or intentional wrongdoing. In car accidents, this often means suing another driver who inflicted fatal injuries to another motorist, passenger, or pedestrian. In addition to suing for wrongful death, family members may also be able to recover damages for their grief, financial losses, and their loved one’s medical and funeral expenses. To file a wrongful death claim in New York, a family member or representative of the deceased must file a “Notice of Claim” with the Court of Claims within 90 days of the death. After that, a family has two years to file a wrongful death civil action in court. In addition to understanding the statute of limitations, it is essential to consult with an experienced personal injury attorney as soon as possible after an accident. An attorney can help families understand their legal rights and increase their chances of recovering full and fair compensation.

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