What is the statute of limitations and time limit to file a wrongful death claim in New York?

Question: One year ago, my spouse was killed because of a malfunction on a rollercoaster ride at an amusement park in New York. Is it too late to file a wrongful death action?

Response: All civil actions have time limits for filing a claim. Laws known as statutes of limitations determine the maximum time allowable for filing a wrongful death action. Therefore, it is necessary to file a timely claim before barred by statute. Once a statute of limitations takes effect, a plaintiff has waived the right to seek damages.

Each state limits the amount of time that a claimant has to file a wrongful death action. In some states, the statute of limitations begins to run when the complainant either discovers or should have discovered the cause of death. In other states, the statute of limitations begins when the death occurs. In New York, the statute of limitations begins to run in a wrongful death claim two years from the date of the death. Since two years has not elapsed since your spouse’s death, you may be eligible to bring a wrongful death lawsuit.  

Answered by Jessica McElrath

 Additional Resources: Wrongful Death Statute of Limitations

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