How long do we have to file a lawsuit?

By |2020-07-06T19:57:30+00:00July 6th, 2020||

Generally, a wrongful death lawsuit must be filed within two (2) years of the date of death of the loved one, with certain exceptions for claims against a municipality or the State of New York which require a claim to be filed within 90 days of the appointment of the estate representative.

How long does a wrongful death case take?

By |2020-07-06T19:56:20+00:00July 6th, 2020||

How long a wrongful death case takes to resolve depends on many factors.  Before a claim or lawsuit can proceed, an estate representative must be appointed to represent the estate of the person who died and later, upon settlement of the claim or case, a court must approve the settlement. For cases against a doctor [...]

What must be proven to have a successful wrongful death claim?

By |2020-07-02T16:11:47+00:00July 2nd, 2020||

Wrongful death claims are based on the legal tort of negligence. Wrongful death negligence claims must prove four things to be successful: duty, breach, causation, and death.   The law is clear that a defendant(s) (the person(s) responsible) must breach a duty of reasonable care before an injured person can recover money damages.  Reasonable care means that degree of [...]

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