Wrongful Death Law - Statute of Limitations
Levene Gouldin & Thompson is Best Law Firm rated by U.S. News & World Report in 10 areas of law. Combined, our personal injury lawyers have 100+ years of experience and have obtained nearly $40 million in verdicts and settlements since 2010.
Our wrongful death lawyers represent surviving family members in wrongful death actions in Binghamton, Ithaca and the surrounding areas including Owego and Cortland. Our NY offices are located in Vestal (Binghamton), Ithaca, Deposit, Whitney Point, and our PA office is located in Montrose. Call for a FREE CONSULTATION. 607.763.9200
What is the Statute of Limitations in NY Wrongful Death Cases?
Statute of limitations laws set time limits to commence lawsuits. For wrongful death lawsuits in New York, the statute of limitations is two years from the date of death, with limited exceptions.
One notable exception is when the sole beneficiary of the individual that died (known as the decedent) is under eighteen years old. In that circumstance, the statute of limitations is tolled until the earliest moment there is a personal representative or potential personal representative who can bring the action on behalf of the beneficiary.
Wrongful Death Lawsuits – Our Law Firm’s Case Results
$2.7 Million Wrongful Death Lawsuit in Binghamton, NY – Our law firm was able to prove that a fatal bus accident occurred due to negligent highway design.
$800,000 Wrongful Death Due to Car Accident in Maine, NY – Our wrongful death lawyers were able to settle the matter before filing a lawsuit where the decedent was a woman in her 70’s who left behind a husband and adult child.
$499,999 Wrongful Death Work Accident – After two law firms declined the case, our lawyers accepted the case and proved negligence, securing compensation for a widow.
What is a NY Wrongful Death Action?
Under New York wrongful death law, surviving family members (beneficiaries) may seek compensation for certain economic losses when the death of their loved one was caused by the negligent conduct of another party.
A duly appointed personal representative, such as an Executor or Executrix, brings the wrongful death action on behalf of the deceased.
NY Wrongful Death Lawsuits – Compensation
Wrongful death lawsuits in NY typically include the following claims for compensation:
- loss of financial support,
- medical expenses, and
- funeral expenses.
The decedent’s estate may be entitled to recover both past lost earnings (from the date of the injury/accident to the date of death) and future lost earnings.
Wrongful Death Law – Pain & Suffering
Before passing away, a decedent may have also suffered from conscious pain and suffering. Conscious pain and suffering is when the decedent has some level of cognitive awareness of pain and suffering following an injury and prior to death. An action for conscious pain and suffering, as applied to general negligence claims, is 3 years from the date of the negligence.
New York Wrongful Death Lawyers – Binghamton & Ithaca Area
If you have lost a family member as a result of a wrongful death, contact a personal injury attorney at Levene Gouldin & Thompson, LLP. The attorneys at Levene Gouldin & Thompson, LLP are able to assist you in a compassionate manner and will ensure your wrongful death action is commenced within the applicable statute of limitations. Call us for a FREE, no obligation consultation. 607.763.9200
Levene Gouldin & Thompson, LLP. Since 1927, our firm has been handling wrongful death lawsuits throughout Northeast Pennsylvania, the Southern Tier and Upstate New York including Steuben County, Bradford County, Susquehanna County, Chemung County, Tioga County, Tompkins County, Cortland County, Broome County, Chenango County, Delaware County, Otsego County, Towanda, Norwich, Oneonta, Cooperstown, Corning, Big Flats, Horseheads, Elmira, Ithaca, Spencer Van Etten, Montrose, Athens, Waverly, Owego, Vestal, Endicott, Johnson City, Binghamton and the surrounding area.
Page reviewed and updated: January 17th, 2023