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Statues of limitations and the discovery rule

Statutes of limitations exist for both civil and criminal causes of action

We understand that when you have lost a loved one, pursuing your legal rights can be an afterthought as you go through the grieving process. Unfortunately, there is a statute of limitations, or time limit, in relation to filing a New York wrongful death claim against the person(s) who may be responsible for your loved one’s death. The Perecman Firm, P.L.L.C has experienced attorneys who can help you better understand your legal rights and ensure that the statute of limitations does not expire on your case.

So what is a Statute of Limitations?

The law in each state puts a time limit on how long a plaintiff has to file a lawsuit after they have been wronged; this is known as the statute of limitations. It exists to help the legal process advance. In addition, the statute of limitations allows witnesses to quickly and correctly remember the event that caused a person’s injury or death, and helps police and investigators ensure that evidence is preserved.

How does the Discovery Rule affect the Statute of Limitations?

In most wrongful death cases, the discovery rule means that the clock on the statute of limitations doesn’t start ticking until the injury that caused the death becomes reasonably apparent to the surviving family. It may be that a person sustains an injury and dies after a period of time. In such case, the clock started when the injury was discovered, rather than when the person passed away.

In some states, there is a 2-year statute of limitations on wrongful death claims.

Many states have different interpretations of the discovery rule that can change according to the type of injury and a number of other factors. Talking to an experienced wrongful death attorney can help you understand how the statute of limitation and the discovery rule factor into your case.

Reach out to a Wrongful Death Lawyer to learn more about your Rights

Wrongful death cases can get complicated. Don’t wait until it’s too late to get the legal advice you need to assert your claim. Dealing with the death of a loved one is very hard, and realizing that the people responsible might not be held accountable can make your situation worse.

Contact The Perecman Firm, P.L.L.C in New York to speak with a knowledgeable personal injury/wrongful death attorney who can help you fight for your rights.


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