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A statute of limitations can limit your right to file a lawsuit

When you lose someone you love, it takes time to begin to heal. You may not want to deal with the legal battle you feel is ahead of you right away. It's okay to need time to recover from your loss, but keep in mind that the sooner you file a claim, the better it works in your favor.

When you wait to file a wrongful death lawsuit, you could run out of time to do so. The statute of limitations gives you only a short time to file your claim. Even if you take longer to produce all the information needed for the courts, you need to file the claim as soon as possible.

What is the statute of limitations on wrongful deaths in New York?

In New York, the statute of limitations for wrongful deaths is two years from the date of death. While you may not feel the full impact of the death or have a full understanding of how much it costs or impacts you by the end of two years, you will lose the right to file a claim if you don't do so by that time. There are few exceptions to this rule. One could be if you are not aware of the death until many years later or potentially if new information turns what was once considered to be a natural death into a wrongful death.

What is the limit on a personal injury?

If you did not lose a loved one but your loved one was instead hurt, you can also file a claim for a personal injury. This falls under a statute of limitations. Medical malpractice leading to injury has a two year and six month limit. Personal injuries as a result of negligence could have a limit of up to three years from the date of injury.

There are always statutes of limitations that apply to injuries or deaths. Make sure you know how your case is categorized and file on time.

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