Does the statute of limitations on wrongful death cases vary from state to state?

Yes, the statute of limitations on wrongful death cases varies from state to state. In New York, wrongful death claims must be filed within two years of the death of the decedent, although the discovery rule may extend the statute of limitations in certain cases. In the case of a wrongful death claim that is based on medical malpractice, the statute of limitations is generally two and a half years unless the claimant is an infant, in which case the statute of limitations is generally two years. It is important to be aware of the relevant statute of limitations in wrongful death cases in order to ensure that claims are filed in a timely manner. Failure to do so may result in a claim being barred and the claimant being unable to pursue compensation. In addition to variations in statute of limitations, wrongful death laws also vary between states. Generally, wrongful death claims are brought by the surviving family members of the decedent in an effort to recover compensation and damages for the death of their loved one. In New York, wrongful death claims can seek compensatory damages for the decedent’s pain and suffering, the economic losses suffered by the surviving family members, burial expenses, and attorney’s costs. Therefore, it is important to be aware of the relevant wrongful death laws and statute of limitations in the state in which you are filing a wrongful death claim in order to ensure that you are pursuing your claim in the appropriate manner.

Related FAQs

What are the economic damages that can be claimed in a wrongful death case?
What is the difference between a wrongful death claim and a survival action?
How is causation proven in a wrongful death claim?
Can I file a wrongful death lawsuit if the death occurred in another state?
What happens when a wrongful death case goes to court?
Who can file a wrongful death claim?
What are the legal rights of the surviving family members?
What is the process for filing a wrongful death lawsuit?
What evidence do I need to prove a wrongful death case?
How are damages awarded in a wrongful death case from a motor vehicle accident?

Related Blog Posts

What You Should Know About Wrongful Death Lawsuits - July 31, 2023
What To Do After a Loved One Suffers Wrongful Death - August 7, 2023
Understanding Wrongful Death Statutes & Regulations - August 14, 2023
Finding the Right Wrongful Death Lawyer - August 21, 2023
5 Important Steps to Take When Filing a Wrongful Death Claim - August 28, 2023